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Burger Vs. Kemp
Cites for this judgment
- US Supreme Court
- Jun 26, 1987
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U.S. 776 (1987) U.S. Supreme Court Burger v. KempSearch
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U.S. 776 (1987) Burger v. KempSearch
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His decision was supported by reasonable professional judgment, and thus met the standard set forth in Strickland v. WashingtonSearch
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hearing, and also during a second appeal which resulted in affirmance of petitioner's capital sentence in 1980. Burger v. StateSearch
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Burger v. StateSearch
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on an invalid aggravating circumstance. Accordingly, the District Court vacated petitioner's death sentence. Blake v. ZantSearch
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The Court of Appeals affirmed in part, reversed in part, and reinstated the death penalty. Burger v. ZantSearch
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first or the second sentencing hearing. After the Court of Appeals rendered its decision, we decided Strickland v. WashingtonSearch
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in light of that decision. Burger v. ZantSearch
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or revise its findings, and if appropriate, its conclusions on the ineffective-assistance-of-counsel claim. Burger v. ZantSearch
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the Court of Appeals affirmed on the basis of the District Court's opinion, over the dissent of Judge Johnson. Burger v. KempSearch
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We granted the petition for certiorari, vacated, and remanded for reconsideration in light of Francis v. FranklinSearch
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on the question whether the jury instruction impermissibly shifted the burden of proof on the issue of intent. Burger v. KempSearch
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justifies the adoption of an inflexible rule that would presume prejudice in all such cases. See Cuyler v. SullivanSearch
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U.S. at 435 U. S. 482 -483 (quoting Glasser v. UnitedSearch
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at 461-462, 265 S.E.2d at 800, the decision to forgo this issue had a sound strategic basis. As we reaffirmed in Smith v. MurraySearch
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likely to prevail, far from being evidence of incompetence, is the hallmark of effective appellate advocacy. Jones v. BarnesSearch
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after it has proved unsuccessful, to conclude that a particular act or omission of counsel was unreasonable. Cf. Engle v. IsaacSearch
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ay be in the eye of the beholder.' Stanley v. ZantSearch
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Id. at 466 U. S. 691 . V PetitionerSearch
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for a murder committed while a minor violates the Eighth and Fourteenth Amendments to the Constitution. Cf. Thompson v. StateSearch
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U. S. 478 , 477 U. S. 489 -490 (1986) (quoting Reed v. RossSearch
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and would thus permit a habeas corpus court to address the merits of the claim in a subsequent proceeding. Smith v. MurraySearch
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the malice charge given to the jury at the guilt or innocence phase of his trial was unconstitutional under Francis v. FranklinSearch
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See Rose v. ClarkSearch
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U. S. 570 , 478 U. S. 583 (1986) (quoting Connecticut v. JohnsonSearch
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to consider and could not have been precluded from considering had counsel sought to introduce it. See Hitchcock v. DuggerSearch
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Skipper v. SouthSearch
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JUSTICE BRENNAN and JUSTICE MARSHALL join, and, as to Part II, JUSTICE POWELL joins, dissenting. In Strickland v. WashingtonSearch
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A Petitioner's first claim rests on his right to conflict-free assistance of counsel. As long ago as Glasser v. UnitedSearch
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U. S. 799 the majority opinion as departing from the Court's earlier approval of those practices, see Cuyler v. SullivanSearch
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and does not impose on such claims the two-pronged standard of inadequate performance and prejudice, see Strickland v. WashingtonSearch
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Id. at 466 U. S. 692 , quoting Cuyler v. SullivanSearch
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to pursue certain arguments or take certain actions, it is all the more difficult to discern its effect. See Holloway v. ArkansasSearch
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the appellate briefs for both petitioner and Stevens after the second sentencing proceedings. App. 54. See Burger v. KempSearch
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confessed, but, in Page 483 U. S. 803 doing so, he pointed to petitioner as the more culpable. See Stevens v. StateSearch
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at his second sentencing trial. See Stevens v. StateSearch
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also points to the fact that petitioner and Stevens were tried separately, and relies on the observation in Cuyler v. SullivanSearch
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See Kimmelman v. MorrisonSearch
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See Holloway v. ArkansasSearch
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U.S. at 435 U. S. 482 , quoting Glasser v. UnitedSearch
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U.S. Supreme Court Burger v. KempSearch
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