[DOWNLOAD] "Smith V. Jago" by United States Court Of Appeals For The Sixth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Smith V. Jago
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 20, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Respondent Arnold Jago, Superintendent of the London Correctional Institution, appeals from a judgment of the United States District Court for the Southern District of Ohio granting Petitioner Arthur Smith's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 and from the denial of a motion to alter or amend that judgment pursuant to Fed.R.Civ.P. 59(e). The principal issue on appeal is the extent to which the standards of Strickland v. Washington, 466 U.S. 668, 80 L. Ed. 2d 674, 104 S. Ct. 2052 (1984), apply where it is alleged that deficient conduct by trial counsel adversely affected the outcome of the defendant's direct appeal as of right. Also involved is the deference to be accorded a state appellate court's determination of a mixed question of law and fact made by the appellate court while reviewing the denial of a petition for post-conviction relief after a full evidentiary hearing in the state trial court.
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