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· 7/7/2009

Pole v. Randolph

Citations

  • 570 F.3d 922
  • 2009 U.S. App. LEXIS 15024
  • 2009 WL 1919017

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that a state court’s factual findings are presumed to be correct, unless the petitioner “rebuts them with clear and convincing evidence.”
  • considering “the last state court to consider the . . . issue” as the relevant opinion
  • opting to “assume that counsel’s performance was deficient and move on to the second part of the analysis” because the petitioner could not show prejudice
  • refusing to assume trial counsel failed to investigate potential defense witnesses where defendant failed to substantiate his claim with evidentiary support
  • opting to “assume that counsel’s performance was deficient and move on to the second part of the analysis” because the petitioner could not show prejudice
  • under section 2254’s exhaustion requirement, a petitioner must assert his federal claim through one complete round of state court review, either on direct review or in post-conviction proceedings

Source: CourtListener parenthetical corpus (CC0).

Judges: Easterbrook, Kanne, Rovner

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.