· 12/23/1998
Michael Earl Sexton v. James B. French, Warden, Central Prison, Raleigh, North Carolina
Citations
- 163 F.3d 874
- 1998 U.S. App. LEXIS 31844
- 1998 WL 892756
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that Lockhart requires an ineffectiveness claimant to demonstrate that his trial was \fundamentally unfair or unreliable\ in order to satisfy the Strickland prejudice prong
- explaining decisions of “trial strategy and tactics” including “what stipulations should be made” are left to counsel
- whether to file a motion to suppress “is a classic tactical decision” for which consent from the defendant was not required
- whether to file a motion to suppress \is a classic tactical decision\ for which consent from the defendant was not required
- defendant's claim that \trial counsel failed to inform him of his right to testify or ... forced him to testify must satisfy the two-prong test established in Strickland\
- trial counsel has burden of informing defendant of nature and existence of right
Source: CourtListener parenthetical corpus (CC0).
Judges: Wilkinson, Hamilton, Motz
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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