Valdez v. Cockrell
Court of Appeals for the Fifth Circuit
1DissentDennis, Circuit Judge
Director Cockrell asserts that the plenary hearing held by the district court in response to its finding that the state habe-as court denied Valdez a full and fair hearing did not excuse the application of AEDPA “deference” to the state court’s adjudication on the merits. Under this view, which the majority opinion embraces, the absence of a full and fair hearing in state court would entitle a petitioner to an evidentiary hearing before the federal district court, but the district court would nevertheless be required, pursuant to the AEDPA, to extend deference to the suspect determinations of…
2Cases cited36 opinions
- Williams v. TaylorSupreme Court of the United States · 2000
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- Allen v. McCurrySupreme Court of the United States · 1980
- Townsend v. SainSupreme Court of the United States · 1963
- Brown v. AllenSupreme Court of the United States · 1953
31 more not listed; retrieve them via the Exa API.