· 2/22/2005
Scott Lee Tinsley v. George Million, Warden
Citations
- 399 F.3d 796
- 2005 U.S. App. LEXIS 2996
- 2005 WL 405486
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing decision on requested jury instructions to be matter for lawyer as part of trial strategy
- noting that a habeas petitioner cannot demonstrate prejudice from the failure to call specific witnesses absent “evidence showing that they would have offered specific favorable testimony.”
- finding that without evidence showing that a witness would have offered specific, favorable testimony, there can be no showing of prejudice from counsel’s decision not to call that witness
- characterizing the decision not to request lesser offense jury instructions as \a permissible exercise of trial strategy\
- stating that counsel’s decision not to request a jury instruction on the lesser included offense of manslaughter was sound trial strategy, where defendant’s primary line of defense was that he did not shoot the victim
- finding that a habeas petitioner fails to demonstrate prejudice when he cannot come forward with evidence that there was an expert who would have reached an opinion contrary to the opinion of the state’s expert
Source: CourtListener parenthetical corpus (CC0).
Judges: Gilman, Sutton, McKeague
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.