Robert Kubat, Cross-Appellee v. James Thieret, Warden, and Neil F. Hartigan, Attorney General of Illinois, Cross-Appellants

How courts have described this case

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

• concluding that counsel’s decision not to request a lesser-included offense instruction in a kidnapping case was reasonable in light of the defendant’s alibi defense
• finding that defense counsel's failure to object to jury instructions that misstated Illinois law was deficient performance under Strickland
• noting ”the general proposition that it is reasonable to forego a lesser included offense instruction where a defendant has presented an alibi defense”
• “If ... you unanimously conclude that there is a sufficiently mitigating factor or factors to preclude imposition of the death sentence, you should sign the verdict form which so indicates.”
• Mills requires that jury be instructed “that even if one juror believed that the death penalty should not be imposed, [the defendant] would not be sentenced to death”
• failure to introduce character witnesses constituted ineffective assistance at capital sentencing hearing, particularly where at least one of the 15 available character witnesses was a deputy sheriff

Source: CourtListener parenthetical corpus (CC0).