Seventh Circuit· 8/26/2010
Stephenson v. Wilson
Citations
- 619 F.3d 664
- 2010 U.S. App. LEXIS 17832
- 2010 WL 3341435
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- reaffirming that a petitioner claiming that “his counsel was ineffective in failing to challenge” the decision to physically restrain the petitioner during trial “must show that he was prejudiced by counsel’s error,” meaning that counsel’s “subpar performance harmed” him
- “placing any kind of visible re- straint on a defendant’s movement during a criminal trial was permissible . . . only if less conspicuous security measures . . . would be insufficient”
- “placing any kind of visible re- straint on a defendant’s movement during a criminal trial was permissible . . . only if less conspicuous security measures . . . would be insufficient”
- “[O]n collateral review of a state court conviction, federal courts . . . only grant[] a writ when an error had a [prejudicial] effect or influence in determining the jury’s verdict.” (quotation marks and emphasis omitted)
- “The burden of proving prejudice is on [the petitioner] because to prevail on a claim of ineffective assistance a [petitioner] must show not only that counsel’s performance fell below minimum professional standards but also that the subpar performance harmed the client.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Posner, Tinder
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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