Lucien v. Spencer
| Docket Number | 15-2153 |
| Decision Date | 15 September 2017 |
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26 cases
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Martinez-Armestica v. United States, CIVIL NO. 18-1384 (PG)
...No. 87 at pages 23-28. A petitioner has an especially heavy burden when challenging counsel's tactical decisions. See Lucien v. Spencer, 871 F.3d 117, 129 (1st Cir. 2017). As pointed out by the government in its opposition, "[c]hoices made by counsel that could be considered part of trial s......
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Porter v. Coyne-Fague
...841. The Supreme Court has carefully left that question open. See id. We have emulated the Court's example. See Lucien v. Spencer, 871 F.3d 117, 127 n.4 (1st Cir. 2017). Nevertheless, "this circuit has routinely held petitioners to the § 2254(e)(1) ‘clear and convincing’ standard" — althoug......
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Hayes v. Sec'y, Fla. Dep't of Corr.
...subsections (d)(2) and (e)(1). See Fields v. Thaler , 588 F.3d 270, 279–80 (5th Cir. 2009) (collecting cases); Lucien v. Spencer , 871 F.3d 117, 127 n.4 (1st Cir. 2017) ; Bryan R. Means, Federal Habeas Manual § 3:82 (2021) (describing the variety of approaches taken by circuit courts). Most......
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Dorisca v. Marchilli
...however, we are required to afford significant deference to the state court's decision under most circumstances." Lucien v. Spencer, 871 F.3d 117, 122 (1st Cir. 2017) (citing Scoggins v. Hall, 765 F.3d 53, 57 (1st Cir. 2014) ). Before turning to Dorisca's arguments, we provide the big-pictu......
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