Robert Driscoll v. Paul Delo, Robert Driscoll v. Paul Delo
Court of Appeals for the Eighth Circuit
1Opinion of the Court
HEANEY, Circuit Judge.
The State of Missouri appeals and petitioner Robert Driscoll, a/k/a Albert Eugene Johnson, cross-appeals from the district court’s order granting Driscoll’s 28 U.S.C. § 2254 petition for writ of habeas corpus. For the reasons stated below, we agree that a writ of habeas corpus should issue' on three independent bases: (1) Driscoll was denied the effective counsel guaranteed by the Sixth Amendment because his lawyer allowed the jury to retire with the factually inaccurate impression that the victim’s blood was possibly on Driscoll’s knife; (2) his trial counsel was also…
2Cases cited26 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Teague v. LaneSupreme Court of the United States · 1989
- United States v. CronicSupreme Court of the United States · 1984
- Cuyler v. SullivanSupreme Court of the United States · 1980
- Darden v. WainwrightSupreme Court of the United States · 1986
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3Cited by82 opinions
- James William Riley v. Stanley W. Taylor M. Jane BradyCourt of Appeals for the Third Circuit · 2001
- John Alvin Payne v. United StatesCourt of Appeals for the Eighth Circuit · 1996
- Dugas v. CoplanCourt of Appeals for the First Circuit · 2005
- Richey v. BradshawCourt of Appeals for the Sixth Circuit · 2007
- Duncan v. OrnoskiCourt of Appeals for the Ninth Circuit · 2008
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