· 3/9/1998
Michael Emerson CORRELL, Petitioner-Appellant, v. Terry L. STEWART, Director, Arizona Department of Corrections, Respondent-Appellee
Citations
- 137 F.3d 1404
- 98 Daily Journal DAR 2309
- 98 Cal. Daily Op. Serv. 1678
- 1998 U.S. App. LEXIS 4037
- 1998 WL 97387
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 failure to develop a mens rea defense was reasonable because such a defense “would have conflicted with the primary defense theory of misidentification”
- holding that counsel’s failure to develop a mens rea defense was reasonable because such a defense “would have conflicted with the primary defense theory of misidentification”
- noting that a motion for reconsideration is “an avenue of relief that the Arizona Rules of Criminal Procedure clearly outline”
- noting that a motion for reconsid- eration is “an avenue of relief that the Arizona Rules of Crim- inal Procedure clearly outline”
- finding prejudice established where Correll's attorney failed to present any evidence of mental illness sufficient to satisfy Arizona law
- finding counsel’s performance deficient when the attorney failed to call any mitigation witnesses despite knowing people who were willing to testify, and barely raised the defendant’s psychiatric history as a mitigating factor
Source: CourtListener parenthetical corpus (CC0).
Judges: Schroeder, O'Scannlain, Thomas
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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