Seventh Circuit· 2/5/2010

Lopez v. Thurmer

Citations

594 F.3d 584
2010 U.S. App. LEXIS 2445
2010 WL 392315

How courts have described this case

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

holding counsel’s decision not to request a lesser-included offense instruction to avoid a possible compromise verdict was within the wide range of professionally competent performance under Strickland
holding counsel’s decision not to request a lesser-included offense instruction to avoid a possible compromise verdict was within the wide range of professionally competent performance under Strickland
“[W]e will not fault counsel as ineffective for failing to advance a position under state law that the state appellate court said was meritless.”
“[W]e will not fault counsel as ineffective for failing to advance a position under state law that the state appellate court said was meritless.”
“It is not well outside the boundaries of permissible differences of opinion to conclude that counsel’s performance is constitutionally adequate when he fails to request an instruction that, as a matter of state law, the defendant is not entitled to in the first place.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Flaum, Manion, Rovner

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Cites

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