wood v strickland case brief

1428 results for wood v strickland case brief

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  • __ U.S. __ (2015), 13-1433, Brumfield v. Cain

    Brumfield was convicted of murder in a Louisiana court and sentenced to death before the Supreme Court held, in Atkins v. Virginia, that the Eighth Amendment prohibits execution of the intellectually disabled. The Louisiana Supreme Court subsequent determined that an evidentiary hearing is required when a defendant provides objective factors sufficient to raise a “a reasonable ground’” to believe

    ... hearing on the issue, asserting that his case was " accompanied by a host of objective facts ... conclusion in the first instance." Wood v. Allen , 558 U.S. 290, 301, 130 S.Ct. 841, ... arguments that we need discuss only briefly. .           [192 L.Ed.2d 369] First, ... decision rejecting claim under Strickland v. Washington , 466 U.S. 668, 104 S.Ct. 2052, ...

  • 535 U.S. 162 (2002), 00-9285, Mickens v. Taylor

    ... Strickland v. Washington, 466 U.S. 668, 694. An exception ...The Court has held in several cases that “circumstances of that magnitude,” United ...Finally, in Wood v. Georgia, 450 U.S. 261, the Court granted ...With him on the briefs were Robert E. Lee and Mark E. Olive. . . ...

  • 693 F.3d 1104 (9th Cir. 2012), 08-99003, Wood v. Ryan

    ... properly exhausted and ordering merits briefing on those claims and dismissing others as ... about amobarbital and hypnosis in Wood's case were " within the wide latitude permitted on ... Strickland v. Washington, 466 U.S. 668, 687-88, 104 S.Ct. ...

  • 420 U.S. 308 (1975), 73-1285, Wood v. Strickland

    ... Court's dismissal should be sustained, we need go no further in this case. Moreover, the immunity question involves the construction of a federal ...Brief for Respondents 27-28, 36. But because the District Court did not discuss ...

  • 645 F.3d 1159 (10th Cir. 2011), 09-5146, Byrd v. Workman

    ..., Federal Public Defender, with him on the briefs"), Denver, CO, for Petitioner-Appellant. .    \xC2"...'s second trial, the Respondent presented its case-in-chief without reference to the defendant's ...Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. ... (quoting Woodford v. Visciotti, 537 U.S. 19, 24, 123 S.Ct. 357, ...

  • 834 F.3d 263 (3rd Cir. 2016), 13-9003, Dennis v. Secretary, Pennsylvania Department of Corrections

    After a jury trial, Defendant was found guilty of first-degree murder. The jury sentenced Defendant to death. The Pennsylvania Supreme Court affirmed the convictions on appeal, rejecting Defendant’s claims that the prosecution violated Brady v. Maryland. The Supreme Court denied Defendant’s application for postconviction relief. Defendant then filed an application under 28 U.S.C. 2254. The...

    ... case against Dennis. The withholding of these pieces ... issue in Wood v. Bartholomew, 516 U.S. 1, 116 S.Ct. 7, ... Strickland v. Washington, 466 U.S. 668, 104 S.Ct. ... had submitted its direct appeal briefing. The. Commonwealth may not point to a ...

  • 538 F.2d 53 (3rd Cir. 1976), 73-1613, Skehan v. Board of Trustees of Bloomsburg State College

    ...         This case is before us on remand from the Supreme Court. In ...1612, 44 L.Ed.2d 141 (1975), and Wood v. Strickland, 420 U.S. 308, 95 S.Ct. 992, 43 ... case in banc, and requested supplemental briefing. We now turn to a consideration of our prior ...

  • 759 F.3d 1210 (11th Cir. 2014), 12-16103, Hittson v. GDCP Warden

    ..., 185 L.Ed.2d 1044 (2013)--by which point briefing was already underway in this appeal. Trevino ..., as presented to the jury in the State's case in chief, and the law enforcement's ... the kitchen while they drove to a nearby wooded area to dig a shallow grave. As they were ... them under the standard set forth in Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. ...

  • 424 U.S. 409 (1976), 74-5435, Imbler v. Pachtman

    ... prosecution and in presenting the State's case, is absolutely immune from a civil suit for ...         In his brief to the Supreme Court of California on this habeas ... at 247. 14 [96 S.Ct. 990] Last Term, in Wood v. Strickland , 420 U.S. 308 (1975), we held that ...

  • 65 F.3d 1258 (5th Cir. 1995), 91-4606, Beets v. Scott

    ... en banc rehearing of this capital murder case is whether a habeas corpus petitioner was ... these facts should be measured by the Strickland standard for an attorney's deficient performance ...In the first, Wood v. Georgia, 450 U.S. 261, 101 S.Ct. 1097, 67 ... court's habeas findings in any of the many briefs it has filed with this court. Neither the panel ...

  • 932 F.2d 643 (7th Cir. 1991), 90-1014, United States v. Ashimi

    ...         Before WOOD, Jr., COFFEY and MANION, Circuit Judges. ... court, the government, and Seiden viewed the case as one that could be tried quickly, and trial was ... the now-familiar test laid out in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 ... waived it by failing to raise it in his brief before this court. 22As we find that no ...

  • 240 F.3d 348 (4th Cir. 2001), 00-4, Mickens v. Taylor

    ...ON BRIEF: Robert E. Lee, Jr., VIRGINIA CAPITAL ... petition for certiorari and remanded the case "for further consideration in light of Simmons v. ... ineffective assistance of counsel in Strickland v. Washington, 466 U.S. 668 (1984). To prevail, a ...Arkansas, 435 U.S. 475 (1978), and Wood v. Georgia, 450 U.S. 261 (1981), in support of ...

  • 661 F.3d 783 (4th Cir. 2011), 07-14, Elmore v. Ozmint

    ... .           ON BRIEF: .           Diana L. Holt, Diana. ... told, Elmore's is one of those exceptional cases of " ‘ extreme malfunctions in the state ... by the two-prong inquiry outlined in Strickland v. Washington, which requires the defendant to ...§ 2254(d); see also . . Woodford v. Visciotti, 537 U.S. 19, 24, 123 S.Ct. 357, ...

  • 262 F.3d 336 (5th Cir. 2001), 99-21034, Burdine v Johnson

    ...         In this case we consider whether the district court properly ....          Daniel Strickland, the foreman of the jury, recalled seeing Cannon ...at 316, 109 S.Ct. at 2945 (quoting Woodson v. North Carolina, 428 U.S. 280, 304, 96 S.Ct. ... requested leave to withdraw, supported by a brief and pursuant to a new California procedure which ...

  • 422 U.S. 563 (1975), 74-8, O'Connor v. Donaldson

    ... had the benefit of this Court's decision in Wood v. Strickland , 420 U.S. 308, on the scope of a ...§ 1983, the case is vacated and. . remanded for consideration ... The Plaintiff claims in brief that, throughout the period of his ...

  • 272 F.3d 878 (7th Cir. 2001), 99-3968, Hough v Anderson

    ...         Before RIPPLE, DIANE P. WOOD and EVANS, Circuit Judges. ...Hough in the Bartkowiak case and whether Maley was present when Mr. Hough ... Court of Indiana correctly identified Strickland v. Washington, 466 U.S. 668 (1984), as the ...Instead, Mr. Hough posits in his reply brief that the state has "waived any claim of waiver" ...

  • 474 U.S. 193 (1985), 84-732, Cleavinger v. Saxner

    ...The case was tried to a jury, which found that petitioners ... See Brief for Respondents 1. Each, however, was active in ...555 (1978) (state prison officials); Wood v. Strickland , 420 U.S. 308 (1975) (school board ...

  • 523 U.S. 538 (1998), 97-215, Calderon v. Thompson

    ... adequacy of its grounds for reopening the case. Here, just two days before the scheduled ...With her on the briefs were Daniel E. Lungren, Attorney General, ... Thompson under the rule of Strickland v. Washington, 466 U.S. 668 (1984). Having ... court system." Id., at 635; accord, Wood v. Bartholomew, 516 U.S. 1, 8 (1995) (per ...

  • 317 F.3d 1196 (10th Cir. 2003), 01-6027, Cargle v. Mullin

    ... General of Oklahoma with him on the briefs), Oklahoma City, OK, for Respondent-Appellee. ... counsel is that set forth in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 ...(s), the result of the proceeding—in this case the appeal—would have been different. Id. at ...Wood, 207 F.3d 1222, 1237-38 (10th Cir. 2000) ...

  • 232 F.3d 1053 (9th Cir. 2000), 98-99024, Anderson v. Calderon

    ... and the penalty phase of Anderson's case years later concluded in 1986 that the murder of ... to turn over to Anderson's trial lawyers a brief tape-recorded interview taken on the day of his ...Sholola, 124 F.3d 803, 823 (7th Cir. 1997) (Wood, J., concurring) ("I therefore regard the ...1998).         2. The Strickland v. Washington Framework. ...

  • 745 F.3d 984 (9th Cir. 2014), 08-99008, Murray v. Schriro

    ...It's a very big case. Both of those defendants went to jail for a ... between § 2254(d)(2) and (e)(1) in Wood v. Allen , 558 U.S. 290, 130 S.Ct. 841, 175 ... . elected to brief an uncertified issue regarding the district ... .           1. Strickland Standard . .           The Sixth ...

  • 592 F.3d 535 (4th Cir. 2010), 09-2, Winston v. Kelly

    ....           ON BRIEF: .           James H. Moreno, Federal ... bar for the petitioner, we conclude in this case that Winston cleared the bar. Winston's counsel ... Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. ... yet to emerge from the federal courts" ); Wood v. Allen, 542 F.3d 1281, 1303-05 & n. 23 (11th ...

  • 686 F.3d 758 (9th Cir. 2012), 07-99026, Runningeagle v. Ryan

    ... procedural status, and ordered merits briefing.          On November 27, 2007, the ... for a plea agreement in his own criminal case. After prosecutors had spoken with Melendez ... See Wood v. Bartholomew, 516 U.S. 1, 6, 8, 116 S.Ct. 7, ... of the standard established in Strickland v. Washington, 466 U.S. 668, 688, 104 S.Ct. ...

  • 281 F.3d 568 (6th Cir. 2002), 00-3733, Monzo v. Edwards

    ....         ON BRIEF: Richard F. Swope, SWOPE & SWOPE, Reynoldsburg, ..., along with the bed sheets and pillow cases taken from the house, were mistakenly destroyed ... the middle room of the house including the wood trim around the new basement door shortly before ... of the right to counsel under Strickland. Murray, 477 U.S. at 488. The district court ...

  • 384 F.3d 628 (9th Cir. 2003), 01-99014, Davis v. Woodford

    ...The district court stayed Davis's habeas case pending exhaustion of the unexhausted claims in ...         Under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 ... final two closing arguments, the judge briefly mentioned the note and then gave the jury the ...