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Tenth Circuit· 9/10/1999

Smallwood v. Gibson

Citations

  • 191 F.3d 1257
  • 1999 Colo. J. C.A.R. 5704
  • 1999 U.S. App. LEXIS 21647
  • 1999 WL 704274

How courts have described this case

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

  • holding that, although State bears ultimate burden of proof, habeas petitioner has burden to set forth specific allegations challenging state bar's adequacy, once State pleads that affirmative defense
  • holding that state court’s decision was reasonable when “none of the prosecutor’s comments were of sufficient magnitude to influence the jury’s decision”
  • holding that state court’s decision was reasonable when “none of the prosecutor’s comments were of sufficient magnitude to influence the jury’s decision”
  • holding that photographs did not render proceedings fundamentally unfair in light of their probative nature, the nature of the crime, and evidence of the defendant’s guilt
  • holding that because there was direct evidence the petitioner committed the crime for which he was convicted, admission of prior bad acts did not make the trial “fundamentally unfair”
  • holding that an ineffective-assistance-of-counsel claim was not exhausted when petitioner “raised an ineffective assistance of counsel claim on direct appeal [but] based it on different reasons than those expressed in his habeas petition’

Source: CourtListener parenthetical corpus (CC0).

Judges: Porfilio, Anderson, Tacha

Read full opinion on CourtListener

Cited by

100 cases in this archive cite this case; the 20 most cited are listed.

Cites

76 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Smallwood v. Gibson

1 other CourtListener record shares this case name.

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.