· 6/17/2002
Ouber v. Guarino
Citations
- 293 F.3d 19
- 2002 U.S. App. LEXIS 11885
- 2002 WL 1290413
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that \it is helpful to examine precedents from lower federal courts to determine how the general standard applies to a particular set of facts\
- explaining that, under the AEDPA, “the state court’s factual findings are entitled to a presumption of correctness that can be rebutted only by clear and convincing evidence to the contrary”
- stating that such reference is particularly appropriate in ineffective assistance of counsel cases, which are highly fact-specific
- noting that opinions of the inferior federal courts are relevant in assessing the reasonableness of a state court’s treatment of a contested issue
- explaining that trial counsel is “under no obligation to make an opening statement at all”
- observing that no one had “managed to identify any benefit to be derived” from counsel’s change of approach, which created doubt as to whether it was “part and parcel of a reasoned strategy”
Source: CourtListener parenthetical corpus (CC0).
Judges: Selya, Stahl, Lynch
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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