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· 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 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.