Whatley v. Terry

How courts have described this case

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

• concluding that petitioner had shown “cause” in the cause-and-prejudice test for procedural default under OCGA § 9-14-48 (d)
• noting that affidavits submitted by a habeas petitioner concerned things that affected his family members rather than him
• stating that it was “entirely reasonable” for trial counsel to delegate an investigation into potential witness testimony to his investigator and to follow up when it appeared prudent to do so
• urging habeas courts to make detailed rulings on admissibility where affidavits are submitted as evidence and where such affidavits are relied upon by expert witnesses in forming their opinions
• urging the habeas courts to make explicit findings regarding the credibility of witnesses
• finding no Brady violation from State’s failure to disclose police interview of eyewitness that the defendant claimed could have been used for “enhanced” cross-examination, because it was established at trial that eyewitness could not be relied upon

Source: CourtListener parenthetical corpus (CC0).