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· 4/3/1996

Lem David Tuggle v. J.D. Netherland, Warden

Citations

  • 79 F.3d 1386
  • 1996 U.S. App. LEXIS 6243
  • 1996 WL 149360

How courts have described this case

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

  • applying harmless error analysis to Ake v. Oklahoma, 470 U.S. 68 (1985), error in capital sentencing proceeding in a non-weighing state
  • observing that in the context of an error during the penalty phase of a capital case, this means showing that the error had a “‘substantial and injurious effect or influence’ . . . on the jury’s decision to sentence [the defendant] to death”
  • describing the Ake right as arising when the prosecution first presents psychiatric testimony
  • describing the Ake right as arising when the prosecution first presents psychiatric testimony
  • applying Brecht harmless error stan- dard to Ake errors
  • Brecht's harmless error standard applies in federal habeas cases

Source: CourtListener parenthetical corpus (CC0).

Judges: Widener, Hamilton, Chapman

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.