Legal Opinion

Francis Jarad Schultz v. Louie L. Wainwright and Jim Smith

Court of Appeals for the Eleventh Circuit

Decided March 28, 1983No. 82-5633PublishedCited by 22 opinions

Non-Argument Calendar.

1Per curiam

Francis Jarad Schultz, a Florida state prisoner convicted of grand theft, appeals the denial of his petition for a writ of habeas corpus, claiming that he lacked effective assistance of counsel at trial because his attorney made an untimely, procedurally defective, oral motion for disqualification of the state court judge, rather than a written motion accompanied by two supporting affidavits as required by Fla.R.Crim.P. 3.230. We affirm.

To obtain habeas relief based on ineffective assistance of counsel, a petitioner must demonstrate prejudice to himself. See Washington v. Strickland, 693 F.2d…

2Cases cited8 opinions

  1. Washington v. StricklandCourt of Appeals for the Fifth Circuit · 1982
  2. Tolbert Dickson v. Louie L. WainwrightCourt of Appeals for the Eleventh Circuit · 1982
  3. Timothy George Baldwin v. Frank C. Blackburn, Warden, Louisiana State Penitentiary, and William J. Guste, Jr., Attorney General, State of LouisianaCourt of Appeals for the Fifth Circuit · 1981
  4. Arthur Lee Norris v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1979
  5. Robert Donald Hodgdon v. United StatesCourt of Appeals for the Eighth Circuit · 1966

3 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Keith A. Mira v. Ronald C. MarshallCourt of Appeals for the Sixth Circuit · 1986
  2. Marty O'Shea Franklin v. James Rose, Warden of Tennessee State Penitentiary, and State of TennesseeCourt of Appeals for the Sixth Circuit · 1985
  3. Harold Raymond Hooks v. Louie L. Wainwright, Etc., Harold Raymond Hooks v. Louie L. Wainwright, Etc.Court of Appeals for the Eleventh Circuit · 1985
  4. Willie Lee McNeal v. Louie L. WainwrightCourt of Appeals for the Eleventh Circuit · 1984
  5. United States v. Troy Mitchell LagroneCourt of Appeals for the First Circuit · 1984

17 more not listed; retrieve them via the Exa API.

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