United States Tenth Circuit

In a murder prosecution, the grant of Petitioner's habeas petition is reversed where the state supreme court properly held that, in order to reverse Petitioner's conviction based on ineffective assistance of counsel, they must be convinced that, but for counsel's deficiencies, there was a reasonable probability of a different outcome.

Appellate Information

• Decided 06/26/2009
• Published 06/26/2009

Judges

• BRISCOE, Circuit Judge., Before TACHA, BRISCOE, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Jared S. Maag, Deputy Solicitor General (Stephen N. Six, Kansas Attorney General, with him on the brief), Topeka, KS, for Respondents-Appellants., Alice Craig White (Elizabeth Seale Cateforis, with her on the brief), Paul E. Wilson Defender Project, University of Kansas School of Law, Lawrence, KS, for Petitioner-Appellee.