· 6/16/2015
Oscar Thomas v. Marc Clements
Citations
- 789 F.3d 760
- 2015 U.S. App. LEXIS 10071
- 2015 WL 3687911
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the failure to present affirmative expert testi- mony that the autopsy results were not inconsistent with the defendant’s statement constituted prejudice
- stressing that there is “no evidence in the decision that it applied the proper standard”
- declining to apply § 2254(d) deference to a claim addressed by the state trial court but not addressed by the state appellate court
- finding prejudice where it was “substantially likely that [petitioner] could have raised at least a reasonable doubt and had a different outcome at trial”
- finding prejudice where it was “substantially likely that [petitioner] could have raised at least a reasonable doubt and had a different outcome at trial”
- proceeding to de novo merits review where state court decision unreasonably applied clearly established law
Source: CourtListener parenthetical corpus (CC0).
Judges: Flaum, Williams, Tinder
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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