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· 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 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.