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Fourth Circuit· 1/27/2010

Winston v. Kelly

Citations

  • 592 F.3d 535
  • 2010 U.S. App. LEXIS 1845
  • 2010 WL 310098

How courts have described this case

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

  • stating that “when a state court forecloses further development of the factual record, it passes up the opportunity that exhaustion ensures.”
  • observing that the Supreme Court of Virginia \was unconvinced by Winston’s evidence concerning the Flynn effect and [the standard error of measurement]” and opining that \a federal court sitting in habeas could not conclude that such a holding violated [AEDPA]”
  • rejecting ineffective assistance of counsel claim based on trial counsel’s strategy to attack witness’s credibility rather than call other witnesses
  • \[T]he materiality element of a Brady claim requires a collective assessment of whether introduction of the exculpatory evidence might have affected the outcome of the trial.\
  • ‘AEDPA deference under § 2254(e)(1), however, will be appropriate to any relevant factual findings made by the Virginia Supreme Court.”’
  • “AEDPA deference under § 2254(e)(1), however, will be appropriate to any relevant factual findings made by the Virginia Supreme Court.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Michael, Gregory, Duncan

Read full opinion on CourtListener

Cited by

41 cases in this archive cite this case; the 20 most cited are listed.

Cites

55 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Winston v. Kelly

6 other CourtListener records share this case name.

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.