First Circuit· 10/18/1994

Nazzaro Scarpa v. Larry E. Dubois, Etc.

Citations

38 F.3d 1
1994 U.S. App. LEXIS 29035
1994 WL 558686

How courts have described this case

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

holding that defendant alleging ineffective assistance of counsel carries burden of persuasion on both prongs of Strickland
holding that a petitioner who consistently asserted an ineffective assistance of counsel claim had satisfied the exhaustion requirement even though his ALOFAR did not specifically refer to the federal Constitution or federal cases
noting that “bad lawyering, regardless of how bad, does not support the per se presumption” (quotation omitted)
stating that “attorney error, even when egregious, will almost always require analysis under Strickland’s prejudice prong”
implying that a deficient reasonable doubt instruction is prejudicial within the meaning of Strickland v. Washington, 466 U.S. 668 (1984)
explaining that federal courts, although respecting state courts' findings of historical fact, traditionally afford de novo review in regard to ultimate questions presented by state prisoners' habeas petitions

Source: CourtListener parenthetical corpus (CC0).

Judges: Boudin, Cyr, Selya

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Cited by

242 cases in this archive cite this case; the 20 most cited are listed.

Cites

91 cases in this archive are cited by this case; the 20 most cited are listed.

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