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· 9/10/2001

United States of America, Ex Rel. Theodore Bell v. Mark A. Pierson, Warden, Hill Correctional Center

Citations

  • 267 F.3d 544
  • 2001 U.S. App. LEXIS 19975
  • 2001 WL 1029282

How courts have described this case

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

  • holding state court’s application of Strickland reasonable where evidence that counsel failed to present would not have overcome overwhelming evidence of guilt
  • noting that the AEDPA provides for clear error review of state court Strickland adjudications because of the inherent “element of deference to counsel’s choices in conducting the litigation” in combination with the “layer of respect” added by 28 U.S.C. § 2254(d)(1)
  • “[T]he petitioner’s claim of actual innocence is not itself a constitutional claim, but instead a gateway through which a habeas petitioner must pass to have his otherwise barred constitutional claim considered on the merits.” (internal quotation marks and citations omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Bauer, Posner, Manion

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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