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· 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 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.