Powell v. Fuchs
| Docket Number | 19-1818 |
| Decision Date | 15 July 2021 |
During a 2009 drug purchase, Rabe and his dealer, Powell, got into a fight. Powell jumped into his truck and sped away, running over Rabe. Ryckman, who had been waiting in Rabe’s car, dialed 911. Powell returned. Ryckman and Powell struggled over the phone; the phone was broken in half. Powell returned to his truck and sped away. When police arrived, they found a knife on the ground. Rabe had several serious injuries and was bleeding from a deep gash on his neck. He survived. At trial, Powell...
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4 cases
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Karr v. Sevier
..."presumed to be correct" unless the petitioner rebuts it by "clear and convincing evidence." 28 U.S.C. § 2254(e)(1) ; Powell v. Fuchs , 4 F.4th 541, 548 (7th Cir. 2021).On the night of May 5, 2015, A.P., the victim, was living with Donald Karr and her three young children in Noblesville, In......
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Sanders v. Radtke
...court are correct unless Sanders rebuts that presumption "by clear and convincing evidence." 28 U.S.C. § 2254(e)(1) ; Powell v. Fuchs , 4 F.4th 541, 548 (7th Cir. 2021).7 Although a petition "may disagree with the state court's weighing of certain facts, the highly deferential habeas review......
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Pierce v. Vanihel
...We cannot, however, review this kind of quarrel with the state court's application of state law on habeas corpus. See Powell v. Fuchs, 4 F.4th 541, 548 (7th Cir. 2021) ("[O]n habeas review we cannot overturn a state-court's conclusions about state law."); see also Perruquet v. Briley, 390 F......
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Pierce v. Vanihel
...the ambiguous testimony here is not enough to overcome AEDPA deference. Brumfield v. Cain, 576 U.S. 305, 314 (2015); see also Powell, 4 F.4th at 549 (declining to disturb the state court's factual finding where there was "more than one way to interpret" counsel's actions); Rice, 546 U.S. at......