Legal Opinion
Avery v. Prelesnik
Court of Appeals for the Sixth Circuit
Decided November 25, 2008No. 07-2522PublishedCited by 42 opinions
1Opinion of the Court
OPINION
BOYCE F. MARTIN, JR., Circuit Judge.
Petitioner Chamar Avery was convicted in Michigan state court of second degree murder. After exhausting his state appeals, Avery petitioned for a writ of habeas corpus in federal district court. The district court granted his petition, holding that Avery was deprived of his right to effective assistance of counsel when his attorney failed to investigate and interview potential alibi witnesses and that the Michigan Court of Appeals’s conclusion to the contrary was objectively unreasonable. We agree and AFFIRM the district court’s well-reasoned…
2Cases cited14 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Williams v. TaylorSupreme Court of the United States · 2000
- Wiggins v. Smith, WardenSupreme Court of the United States · 2003
- Rompilla v. BeardSupreme Court of the United States · 2005
- Silas T. McAdoo v. Frank Elo, WardenCourt of Appeals for the Sixth Circuit · 2004
9 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Davis v. LaflerCourt of Appeals for the Sixth Circuit · 2011
- Steven Moss v. Gary MiniardCourt of Appeals for the Sixth Circuit · 2023
- LaFayette DeShawn Upshaw v. George StephensonCourt of Appeals for the Sixth Circuit · 2024
- Skakel v. Comm'r of Corr.Supreme Court of Connecticut · 2018
- Simpson v. JacksonCourt of Appeals for the Sixth Circuit · 2010
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