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· 11/4/2002

Smith v. Cockrell

Citations

  • 311 F.3d 661
  • 2002 WL 31447742

How courts have described this case

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

  • holding that Rule 56 “applies only to the extent that it does not conflict with the habeas rules”
  • holding the failure to investigate, develop, and present mitigating evidence is not ineffective per se
  • holding even when a claim is unexhausted and procedurally defaulted, the federal courts may deny the claim on the merits
  • applying Strickland to ineffective assistance claim involving penalty phase of capital murder trial
  • holding unexhausted claims were procedurally -20- barred
  • holding unexhausted claims were procedurally barred

Source: CourtListener parenthetical corpus (CC0).

Judges: King, Higginbotham, Benavides

Read full opinion on CourtListener

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.