Habeas, AEDPA, Ineffective Assistance
Where specific claims are remanded, the District court should consider those claims in full, not the appeals court's characterization of them.
No abuse of discretion to deny a stay to exhaust state Habeas claims in a mixed petition where the evidence was available to deft on initial direct and collateral review
Although lack of initial objection to magistrate's finding on one collateral review claim is not jurisdictional for purposes of appellate review, this claim is insufficiently extraordinary to excuse the omission.
Trial counsel might have had strategic purpose for eliciting negative testimony on direct examination of mitigation expert and not calling the deft's mother.
State collateral review did not inappropriately consider fundamental fairness when considering prejudice under Strickland, given lack of specific indication in the record.
Cedric Carter v. Betty Mitchell
