Legal Opinion

Biagas v. Valentine

Court of Appeals for the Fifth Circuit

Decided February 6, 2008No. 07-20401UnpublishedCited by 3 opinions

1Opinion of the Court

PER CURIAM: *

Petitioner-Appellee Lance Biagas petitioned the district court for a writ of habeas corpus, asserting that his state court trial and conviction violated his constitutional right to effective assistance of counsel. The district court granted Biagas relief on that basis as well as on the alternative basis of judicial error by the state trial court. Respondent-Appellant Kim Valentine appeals the district court’s grant of habeas relief, insisting, inter alia, that Biagas was not prejudiced by his defense counsel’s performance and that the district court erred by sua sponte…

2Cases cited11 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Irvin v. DowdSupreme Court of the United States · 1961
  3. United States v. NellCourt of Appeals for the Fifth Circuit · 1976
  4. Moore v. JohnsonCourt of Appeals for the Fifth Circuit · 1999
  5. Young v. DretkeCourt of Appeals for the Fifth Circuit · 2004

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3Cited by3 opinions

  1. Canfield v. LumpkinCourt of Appeals for the Fifth Circuit · 2021
  2. Canfield v. LumpkinCourt of Appeals for the Fifth Circuit · 2021
  3. Robert Davis v. Rick Thaler, DirectorCourt of Appeals for the Fifth Circuit · 2013

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