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· 4/30/1924

Moseley v. Gilham

Citations

  • 156 La. 216
  • 100 So. 403
  • 1924 La. LEXIS 2004

How courts have described this case

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

  • concluding that when the state court neglected to articulate which prong of Strickland was deficient, the federal habeas court ought to evaluate both prongs of Strickland
  • holding that Ninth Circuit erred in concluding 19 trial counsel engaged in deficient performance by not moving to exclude a confession 20 before advising client to take a plea bargain early in the proceedings
  • explaining that, under AEDPA's \contrary to\ analysis, a federal habeas court may not \transpose[] [a Supreme Court holding] into a novel context\
  • stating that “the relevant question under Strickland” is whether “no competent attorney” would have taken the complained-of course of action
  • explaining that the prejudice inquiry \is whether [the defendant] established the reasonable probability that he would not have entered his plea but for his counsel's deficiency\
  • explaining that the prejudice inquiry “is whether [the defendant] established the reasonable probability that he would not have entered his plea but for his counsel’s deficiency”

Source: CourtListener parenthetical corpus (CC0).

Judges: Dawkins, Land, Leche

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.