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· 10/2/1997

Richard H. Austin v. Ricky Bell, Warden

Citations

  • 126 F.3d 843
  • 1997 U.S. App. LEXIS 27018
  • 1997 WL 602670

How courts have described this case

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

  • finding that trial counsel failed to conduct an adequate investigation and failed to present any mitigation evidence
  • finding counsel’s failure to investigate and present mitigating evidence at sentencing “an abdication of advocacy” amounting to ineffective assistance rather than a “strategic decision” because of the number and kinds of people willing to testify on petitioner’s behalf
  • finding failure to investigate and present mitigation case undermined adversarial process
  • finding counsel’s failure to investigate and present mitigating evidence at sentencing “an abdication of advocacy” amounting to ineffective assistance rather than a “strategic decision” because of the number and kinds of people willing to testify on petitioner’s behalf
  • “To warrant habeas relief, jury instructions must not only have been erroneous, but also, taken as a whole, so infirm that they rendered the entire trial fundamentally unfair.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Martin, Merritt, Suhrheinrich

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.