Legal Opinion
Kathy Yolande Miller v. Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Court of Appeals for the Fifth Circuit
Decided July 28, 2005No. 04-40419PublishedCited by 49 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
Kathy Miller appeals the district court’s denial of her § 2254 petition seeking relief from her sentence for engaging in deadly conduct by riddling the unoccupied home of her in-laws with rifle fire. We conclude that the state court’s decision that Miller was not prejudiced by her counsel’s failure to conduct a constitutionally adequate investigation into her mental disabilities is an objectively unreasonable application of settled federal law and reverse.
I
Miller was charged and convicted by a jury for the offense of deadly conduct in violation of Texas…
2Cases cited29 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Williams v. TaylorSupreme Court of the United States · 2000
- Wiggins v. Smith, WardenSupreme Court of the United States · 2003
- Lindh v. MurphySupreme Court of the United States · 1997
- United States v. Dominguez BenitezSupreme Court of the United States · 2004
24 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- LeJames Norman v. William Stephens, DirectorCourt of Appeals for the Fifth Circuit · 2016
- Foster v. QuartermanCourt of Appeals for the Fifth Circuit · 2006
- St. Aubin v. QuartermanCourt of Appeals for the Fifth Circuit · 2006
- Johnny Ray Johnson v. Nathaniel Quarterman, Director, Texas Department of Criminal Justice, Correctional Institutions DivisionCourt of Appeals for the Fifth Circuit · 2007
- Thomas v. LumpkinCourt of Appeals for the Fifth Circuit · 2021
44 more not listed; retrieve them via the Exa API.