Legal Opinion
Kunkle v. Dretke
Court of Appeals for the Fifth Circuit
Decided December 23, 2003No. 02-41571PublishedCited by 45 opinions
1Opinion of the Court
W. EUGENE DAVIS, Circuit Judge:
Petitioner, Troy Kunkle (Kunkle), was convicted of capital murder in Texas and sentenced to death. He now seeks a Certificate of Appealability (COA) from the district court’s denial of habeas corpus relief. We grant Kunkle’s request for a COA on his claim of ineffective assistance of counsel. After examining the merits of this claim, we conclude that the district court did not err in finding it was unex-hausted. We also conclude that the Kun-kle failed to demonstrate that he suffered prejudice from counsel’s performance. With respect to Kunkle’s remaining…
2Cases cited34 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Slack v. McDanielSupreme Court of the United States · 2000
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Miller-El v. CockrellSupreme Court of the United States · 2003
- Teague v. LaneSupreme Court of the United States · 1989
29 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Hughes v. QuartermanCourt of Appeals for the Fifth Circuit · 2008
- Kenneth Wayne Morris v. Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions DivisionCourt of Appeals for the Fifth Circuit · 2005
- Adam Ward v. William Stephens, DirectorCourt of Appeals for the Fifth Circuit · 2015
- Coleman v. QuartermanCourt of Appeals for the Fifth Circuit · 2006
- Smith v. QuartermanCourt of Appeals for the Fifth Circuit · 2008
40 more not listed; retrieve them via the Exa API.