Sixth Circuit· 11/18/2008
Hawkins v. Coyle
Citations
- 547 F.3d 540
- 2008 U.S. App. LEXIS 23714
- 2008 WL 4911163
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that arguing residual doubt at mitigation was a “strategy endorsed” by the Supreme Court and the Ohio Supreme Court at the time of defendant’s trial in 1989
- noting when a prisoner “‘properly raised a claim in state court, yet that court did not review the claim’s merits, AEDPA deference does not apply, and the federal habeas court reviews legal issues de novo’”
- “[I]f appellant’s arguments are considered on the merits, appellant has failed to satisfy his burden of establishing ineffective assistance under ... [Strickland].”
- “Where the state court disposes of a Federal constitutional claim with little-to-no articulated analysis of the constitutional issue, this circuit applies a modified form of AEDPA deference.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Batchelder, Gibbons, Rogers
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.