WASHINGTON STATE CHARTERBOAT ASSN.

v.

BALDRIGE, SECRETARY OF COMMERCE

Citator

Cited By (12 total)

• United States v. Rigoberto Moya-Gomez, 860 F.2d 706 (7th Cir. 1988)
  …ce on two cases that were decided before Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), is misplaced. See Arrowood v. Clusen, 732 F. 2d 1364 (7th Cir.1984); Vela v. Estelle, 708 F. 2d 954 (5th Cir.1983), cert. denied, 464 U.S. 1053, 104 S.Ct. 736, 79 L.Ed.2d 195 (1984). To begin with, both cases are factually inapposite. Arrowood involved both the failure to request a jury instruction regarding the trustworthiness of the defendant’s pretrial statements and the failure to elici…
• Footman v. Singletary, 978 F.2d 1207 (11th Cir. 1992)
  …the state court before proceeding to federal court when the state court has reviewed the entire record to evaluate the ineffective assistance claim. See, e.g., Vela v. Estelle, 708 F. 2d 954 (5th Cir.1983), cert. denied sub nom., McKaskle v. Vela, 464 U.S. 1053, 104 S.Ct. 736, 79 L.Ed.2d 195 (1984). The doctrine does not apply to Footman’s case because the state court summarily denied Footman’s motion without necessarily evaluating the entire record. A Florida state court does not have to evaluate the ent…
• Smith v. Black, 904 F.2d 950 (5th Cir. 1990)
  …ssue of whether a defendant has received effective assistance of counsel is a mixed question of law and fact, we are free to substitute our judgment for that of the district court. Vela v. Estelle, 708 F. 2d 954, 960-61 (5th Cir.1983), cert. denied, 464 U.S. 1053, 104 S.Ct. 736, 79 L.Ed.2d 195 (1984). 1. Lack of Investigation Smith states that his trial counsel “did not investigate the State’s experts, did not investigate the facts, and did not prepare a significant mitigation case.” Smith suggests that de…