In Re Richard Scherer v. the State of Texas

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a habeas petitioner who claims counsel should have followed a strategy that would have proven futile has not shown that, counsel’s performance was deficient
• “[U]nder certain circumstances the late disclosure even of inculpatory evidence could render a trial so fundamentally unfair as to violate due process.”
• mistrial declared after jury deliberated for three hours and sent two notes indicating their inability to reach a unanimous verdict
• appellant not entitled to habeas relief where he fails to show a different trial outcome or trial tactics had confes- sion been disclosed earlier
• “[(Wle refuse to mandate as a matter of federal constitutional law that where, as here, state law requires [proportionality] review, courts must make an explicit, detailed account of their comparisons.”
• “[A]lthough appellant argues that the confession had a ‘devastating effect’ on his defense, he fails to show how advance knowledge that it would be introduced could have made the evidence any less devastating.”

Source: CourtListener parenthetical corpus (CC0).