· 9/2/2011
Payton v. Cullen
Citations
- 658 F.3d 890
- 2011 U.S. App. LEXIS 18303
- 2011 WL 3941089
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Having retained qualified experts, it was not objectively unreasonable for [the attorney] not to seek others.”
- “Having retained qualified experts, it was not objectively unreasonable for [the attorney] not to seek others.”
- finding petitioner was not prejudiced where 4 omitted evidence of childhood “experience is not comparable to those in other cases where 5 courts have found a reasonable probability that the outcome would have been different”
- dismissing Eighth Amendment claim in the absence of any protocol as unripe
- “We do not believe that disclosure [of the new evidence] makes it reasonably probable that the outcome would have been different.”
- claim unripe because no protocol in place following state court invalidation of existing protocol
Source: CourtListener parenthetical corpus (CC0).
Judges: Rymer, Gould, Rawlinson
Read full opinion on CourtListenerSourced 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.