Upton v. Parks

How courts have described this case

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

• noting trial transcript colloquy in which trial court explained to the defendant he had the right to testify, that it was his decision, and that he was not required to follow counsel’s advice on the matter
• defendant fails to prove Brady claim where exculpatory value of suppressed evidence is “purely speculative”
• counsel was not deficient in failing to call two potential alibi witnesses where counsel was concerned about witnesses' credibility
• decisions based on reasonable trial strategy do not constitute deficient performance
• where a habeas petitioner alleges a violation of Brady v. Maryland, 373 U. S. 83 (83 SC 1194, 10 LE2d 215) (1963), “‘“the underlying claim and the prejudice analysis necessary to satisfy the cause-and-prejudice test are coextensive.” ’ ” (citations omitted)

Source: CourtListener parenthetical corpus (CC0).