Legal Opinion

Bobby Ray Fretwell v. Larry Norris, Director, Arkansas Department of Corrections

Court of Appeals for the Eighth Circuit

Decided March 5, 1998No. 96-2806PublishedCited by 53 opinions

1Opinion of the Court

LOKEN, Circuit Judge.

The State of Arkansas appeals the grant of federal habeas relief setting aside Bobby Ray Fretwell’s death sentence. The State raises a single issue, whether the district court erred in concluding that Fretwell’s trial counsel provided ineffective assistance at the penalty phase by not investigating and presenting testimony by Fretwell’s mother and siblings concerning the physical and mental abuse Fretwell suffered at the hands of his father as a child. Concluding that counsel’s performance did not fall below the standard of constitutional reasonableness articulated in…

2Cases cited23 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Lockhart v. FretwellSupreme Court of the United States · 1993
  3. Burger v. KempSupreme Court of the United States · 1987
  4. Keeney v. Tamayo-ReyesSupreme Court of the United States · 1992
  5. Kenneth L. Kenley v. Bill ArmontroutCourt of Appeals for the Eighth Circuit · 1991

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3Cited by53 opinions

  1. Szuchon v. LehmanCourt of Appeals for the Third Circuit · 2001
  2. United States v. Darwin G. RiceCourt of Appeals for the Eighth Circuit · 2006
  3. State v. DiFriscoSupreme Court of New Jersey · 2002
  4. Anthony Rios v. Silvia Garcia, WardenCourt of Appeals for the Ninth Circuit · 2004
  5. Kelvin Malone v. Daniel Vasquez, Warden, San Quentin State Prison Jeremiah W. (Jay) Nixon, Missouri Attorney GeneralCourt of Appeals for the Eighth Circuit · 1998

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