Legal Opinion

Johnny H. Smith v. Ross T. Gearinger, Warden

Court of Appeals for the Eleventh Circuit

Decided November 22, 1989No. 88-8303PublishedCited by 6 opinions

1Opinion of the Court

KRAVITCH, Circuit Judge:

The petitioner, Johnny H. Smith, convicted of murder and sentenced to life imprisonment, appeals from the district court’s denial of his petition for habeas corpus relief, alleging that the court erred in failing to hold an evidentiary hearing on his ineffective assistance of counsel claim. Smith claims that he was denied effective assistance of counsel when his trial counsel failed to challenge two jurors for cause, despite Smith’s protestations that these jurors were related to the victim and the victim’s mother. The district court found that this claim, as well as…

2Cases cited10 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Rose v. LundySupreme Court of the United States · 1982
  3. Townsend v. SainSupreme Court of the United States · 1963
  4. Fay v. NoiaSupreme Court of the United States · 1963
  5. Billy Sunday Birt v. Charles N. Montgomery, Warden, Georgia State PrisonCourt of Appeals for the Eleventh Circuit · 1984

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3Cited by6 opinions

  1. Turner v. CrosbyCourt of Appeals for the Eleventh Circuit · 2003
  2. Harvey v. Warden, Union Correctional InstitutionCourt of Appeals for the Eleventh Circuit · 2011
  3. Jesse Guardado v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2024
  4. Michael Edward VANSICKEL, Petitioner-Appellant, v. Theo WHITE, Warden, Respondent-AppelleeCourt of Appeals for the Ninth Circuit · 1999
  5. Harold Lee Harvey, Jr. v. Warden, Union CorrectionCourt of Appeals for the Eleventh Circuit · 2011

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