Legal Opinion

Schmid v. McCauley

District Court, S.D. Indiana

Decided May 15, 2019No. 1:14-cv-00200-WTL-TABPublishedCited by 1 opinion

1Opinion of the Court

I

Background

Federal habeas review requires the Court to "presume that the state court's factual determinations are correct unless the petitioner rebuts the presumption by clear and convincing evidence." Perez-Gonzalez v. Lashbrook , 904 F.3d 557, 562 (7th Cir. 2018) ; see 28 U.S.C. § 2254(e)(1). On direct appeal, the Indiana Court of Appeals summarized the relevant facts and procedural history as follows:

Schmid has an extensive history of psychological problems that began when she was a young girl. By 2001, when she was twenty-eight years of age, she had been married and divorced and was…

2Cases cited18 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Harrington v. RichterSupreme Court of the United States · 2011
  3. Dusky v. United StatesSupreme Court of the United States · 1960
  4. Pate v. RobinsonSupreme Court of the United States · 1966
  5. Drope v. MissouriSupreme Court of the United States · 1975

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3Cited by1 opinion

  1. Powers v. PollardDistrict Court, E.D. Wisconsin · 2024

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