· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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