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First Circuit· 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 CourtListener

Cited by

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

Cites

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

Other cases named Ouber v. Guarino

1 other CourtListener record shares this case name.

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.