Burt v. Titlow

Docket Number12-414
Decision Date05 November 2013

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1915 cases
  • Dickey v. Davis
    • United States
    • U.S. District Court — Eastern District of California
    • September 12, 2019
    ...presumed to result in prejudice."). A lawyer's violation of ethical norms does not make the lawyer per se ineffective. Burt v. Titlow, 571 U.S. 12, 18 (2013). b. State Court Direct and Collateral Review Petitioner presented claim II and all its subclaims in the second state exhaustion petit......
  • Flowers v. Sec'y, Dep't of Corr., Case No. 3:16-cv-539-J-39JRK
    • United States
    • U.S. District Court — Middle District of Florida
    • August 9, 2019
    ...comprehended in existing law beyond any possibility for fair-minded disagreement, there is no entitlement to habeas relief. Burt v. Titlow, 571 U.S. 12, 19-20 (2013). In undertaking its review, this Court is not obliged "to flyspeck the state court order or grade it." Meders, 911 F.3d at 13......
  • Cremeans v. Warden
    • United States
    • U.S. District Court — Southern District of Ohio
    • December 27, 2018
    ...a State's criminal justice system has experienced the 'extreme malfunction' for which federal habeas relief is the remedy." Burt v. Titlow, 571 U.S. 12, 20 (2013) (quoting Harrington v. Richter, 562 U.S. 86, 102 (2011)); see also Renico v. Lett, 559 U.S. 766, 773 (2010) ("AEDPA . . . impose......
  • Pouncy v. Macauley
    • United States
    • U.S. District Court — Eastern District of Michigan
    • June 28, 2021
    ...is not entirely unfettered." Id. (The Supreme Court reversed the Sixth Circuit's decision in Titlow, see Burt v. Titlow , 571 U.S. 12, 134 S.Ct. 10, 187 L.Ed.2d 348 (2013), but the Supreme Court did not address the Sixth Circuit's discussion of the remedy issue. Instead, the Supreme Court h......
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10 books & journal articles
  • Systemic Barriers to Effective Assistance of Counsel in Plea Bargaining
    • United States
    • Iowa Law Review No. 99-5, July 2014
    • July 1, 2014
    ...standard of review of ineffective assistance of counsel claims to be afforded state court decisions by federal judges. Burt v. Titlow, 134 S. Ct. 10, 13 (2013). 13. See Premo v. Moore, 131 S. Ct. 733, 739–42 (2011). 14 . Padilla , 559 U.S. at 372. 15. For two of a host of articles decrying ......
  • America's Written Constitution: Remembering the Judicial Duty to say what the Law is
    • United States
    • Capital University Law Review No. 43-4, December 2015
    • December 1, 2015
    ...that never existed before and that have no connection to the definition of general jurisdiction). 96 134 S. Ct. 1115, 1121 (2014). 97 134 S. Ct. 10, 15–16 (2013) (citing Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1214). C.f. Lopez v. Smith No. 13–9......
  • SUMMARY DISPOSITIONS AS PRECEDENT.
    • United States
    • William and Mary Law Review Vol. 61 No. 3, February 2020
    • February 1, 2020
    ...a formidable barrier to federal habeas relief for prisoners whose claims have been adjudicated in state court.'" (quoting Burt v. Titlow, 571 U.S. 12, 19(2013))). (114.) Mullenix v. Luna, 136 S. Ct. 305, 308 (2015) (per curiam) (quoting Ashcroft v. al-Kidd, 563 U.S. 731, 742(2011)). (115.) ......
  • Forgetting Furman
    • United States
    • Iowa Law Review No. 100-3, March 2015
    • March 1, 2015
    ...a heavy measure of deference to counsel’s judgments” (citations omitted) (internal quotation marks omitted)). 269. See Burt v. Titlow, 134 S. Ct. 10, 13 (2013) (“When a state prisoner asks a federal court to set aside a sentence due to ineffective assistance of counsel during plea bargainin......
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