Shouldis v. Strange

How courts have described this case

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

• rejecting the petitioner’s ineffective assistance of counsel claim based on counsel’s failure to seek the admission of evidence that the state court held was inadmissible
• Supreme Court has never held that permitting a witness to invoke Fifth Amendment without taking stand violates defendant’s right to a fair trial
• “Constitutionally ineffective assistance of counsel requires . . . that defense counsel’s services fell below that of a reasonably competent attorney[.]” (citing Strickland, 466 U.S. at 687)
• no habeas relief based on trial judge’s acceptance of blanket invocation of Fifth Amendment because Supreme Court has never held that permitting a witness to invoke Fifth Amendment without taking stand violates defendant’s right to a fair trial
• “Because we cannot logically grant the writ based on ineffective assistance of counsel without determining that the state court erred in its interpretation of its own law, we are constrained to uphold the district court’s denial of the writ.”
• “Because we cannot logically grant the writ based on ineffective assistance of counsel without determining that the state court erred in its interpretation of its own law, we are constrained to uphold the district court’s denial of the writ.”

Source: CourtListener parenthetical corpus (CC0).