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· 11/9/2006

Joseph Stewart v. Hugh Wolfenbarger

Citations

  • 468 F.3d 338
  • 2006 U.S. App. LEXIS 27696
  • 2006 WL 3230286

How courts have described this case

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

  • concluding that, where the prosecution’s evidence was thin, failure to present alibi witnesses “undeniabl[y]” prejudiced the defendant
  • noting that a court has “more leeway” to consider claims of closely related successive representation when considering § 2255 motions rather than § 2254 petitions
  • finding that the state courts’ conclusion that a petitioner had failed to present proper evidence of what a witness’s testimony would have been if he testified “was not contrary to or an unreasonable application of clearly established law”
  • finding that the state courts’ conclusion that a petitioner had failed to present proper evidence of what a witness’s testimony would have been if he testified “was not contrary to or an unreasonable application of clearly established law”
  • finding that the state court’s conclusion that a petitioner had failed 24 to present proper evidence of what a witness’s testimony would have been if he testified “was not contrary to or an unreasonable application of clearly established law”
  • finding prejudice as a result of the exclusion from trial of exculpatory evidence that \went to the very heart of Petitioner's defense.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Batchelder, Clay, Rogers

Read full opinion on CourtListener

Sourced 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.