· 11/19/2013
Kelly Renee Gissendaner v. Kathy Seaboldt, Warden, Metro State Prison
Citations
- 735 F.3d 1311
- 2013 U.S. App. LEXIS 23284
- 2013 WL 6069272
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating “[d]ouble deference is doubly difficult for a petitioner to overcome, and it will be a rare case in which an ineffective assistance of counsel claim that was denied on the merits in state court is found to merit relief in a federal habeas proceeding.”
- “A willingness to accept [a counteroffer] more favorable than what is offered does not indicate a willingness to accept what is offered.”
- “[B]ecause Strickland’s standard for deficient performance is an objective one, trial counsel’s hindsight assessment of the adequacy of his penalty phase investigation is entitled to little, if any, weight.”
- “[B]ecause Strickland’s standard for deficient performance is an objective one, trial counsel’s hindsight assessment of the adequacy of his penalty phase investigation is entitled to little, if any, weight.”
- “The state habeas court’s finding of no deficient performance was also reasonable with respect to trial counsel’s mental health investigation, which included obtaining [the petitioner’s] mental health records and consulting with [an expert].”
- “[T]here comes a point . . . at which evidence from more distant relatives can reasonably be ex- pected to be only cumulative, and the search for it distractive of more important duties.” (quotation omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Carnes, Tjoflat, Jordan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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