· 1/31/2007
Kenneth Allen Stewart v. Secretary, Dept. of Corr.
Citations
- 476 F.3d 1193
- 2007 U.S. App. LEXIS 2057
- 2007 WL 257628
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that counsel’s investigation was reasonable because they were not informed about any childhood abuse or mistreatment
- concluding that counsel was not ineffective for failing to investigate client’s childhood abuse when client never told him about it and had “indicated just the opposite of poor treatment” (quotation marks and brackets omitted)
- finding no prejudice when the mental health expert retained by defense for trial and sentencing “testified in the state 3.850 hearing that information about [the defendant’s] alleged abuse wouldn’t have made any difference in his final opinion” (internal quotation marks omitted)
- finding no prejudice when the mental health expert retained by defense for trial and sentencing “testified in the state 3.850 hearing that information about [the defendant’s] alleged abuse wouldn’t have made any difference in his final opinion” (internal quotation marks omitted)
- “The Constitution imposes no burden on counsel to scour a defendant’s background for potential [mitigating evidence] given the defendant’s contrary representations . . . .”
- “The Constitution imposes no burden on counsel to scour a defendant’s background for potential [mitigating evidence] given the defendant’s contrary representations .... ”
Source: CourtListener parenthetical corpus (CC0).
Judges: Dubina, Hull, Marcus
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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