· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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