· 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 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.