Legal Opinion

Malone v. Clarke

Court of Appeals for the First Circuit

Decided August 1, 2008No. 07-1613PublishedCited by 43 opinions

1Opinion of the Court

TASHIMA, Circuit Judge.

Gerald Malone was convicted in Massachusetts Superior Court of rape and abuse of a child under sixteen, and indecent assault and battery of a child under fourteen, based on a series of sexual assaults that he committed against his daughter when she was between the ages of eleven and fourteen. After exhausting his state court remedies, Malone petitioned for federal habeas relief pursuant to 28 U.S.C. § 2254. Malone alleged that his trial counsel was constitutionally ineffective for failure to subpoena a police officer who could have impeached the testimony of his…

2Cases cited20 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Williams v. TaylorSupreme Court of the United States · 2000
  3. Ylst v. NunnemakerSupreme Court of the United States · 1991
  4. Rompilla v. BeardSupreme Court of the United States · 2005
  5. Panetti v. QuartermanSupreme Court of the United States · 2007

15 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Worthington v. RoperCourt of Appeals for the Eighth Circuit · 2011
  2. Yeboah-Sefah v. FiccoCourt of Appeals for the First Circuit · 2009
  3. Clements v. ClarkeCourt of Appeals for the First Circuit · 2010
  4. Pina v. MaloneyCourt of Appeals for the First Circuit · 2009
  5. Gomes v. BradyCourt of Appeals for the First Circuit · 2009

38 more not listed; retrieve them via the Exa API.

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