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United States Sixth Circuit


Avery v. Prelesnik, 072522

In conviction for second degree murder, grant of writ of habeas corpus for ineffective counsel is affirmed where: 1) potential alibi witnesses coupled with an otherwise weak case rendered the failure to investigate the testimony sufficient to "undermine confidence" in the outcome of the jury verdict; and 2) the state appellate court's application of Strickland v. Washington standard was unreasonable.

Appellate Information

  • Decided 11/25/2008
  • Published 11/25/2008

Judges

Court

  • United States Sixth Circuit

Counsel

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