Legal Opinion

McAfee v. Thaler

Court of Appeals for the Fifth Circuit

Decided January 6, 2011No. 08-41230PublishedCited by 13 opinions

1Per curiam

Charles Franklin McAfee, Jr., Texas prisoner # 1207010, was convicted in state court of aggravated robbery and sentenced to twenty-eight years of imprisonment. This court granted a certificate of appealability to allow McAfee’s appeal from the district court’s denial of habeas relief on the following two issues: (1) whether McAfee’s trial counsel was constitutionally ineffective during McAfee’s hearing on his motion for new trial, and (2) whether the state district court denied McAfee a fair hearing by failing to grant his motion to dismiss trial counsel until after the hearing on the motion…

2Cases cited42 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Williams v. TaylorSupreme Court of the United States · 2000
  3. Penson v. OhioSupreme Court of the United States · 1988
  4. United States v. WadeSupreme Court of the United States · 1967
  5. Teague v. LaneSupreme Court of the United States · 1989

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3Cited by13 opinions

  1. United States v. John PortilloCourt of Appeals for the Fifth Circuit · 2020
  2. State v. SharkeySupreme Court of Kansas · 2014
  3. United States v. Rodney WilliamsonCourt of Appeals for the Fourth Circuit · 2013
  4. United States v. Francis Guerra PleitezCourt of Appeals for the Fifth Circuit · 2017
  5. Rodgers v. MarshallCourt of Appeals for the Ninth Circuit · 2012

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