MABIN

v.

HOWARD UNIVERSITY

Citator

Cited By

• United States v. Hawkins, 823 F.2d 1020 (7th Cir. 1987)
  …noted, whether a defendant waived his or her Miranda rights is a fact question subject to the clearly erroneous standard. See Bryan v. Warden, 820 F. 2d 217, 220, (7th Cir.1987) (citing Gorham v. Franzen, 760 F. 2d 786, 790 (7th Cir.), cert. denied, 474 U.S. 922, 106 S.Ct. 255, 88 L.Ed.2d 262 (1985)). The district court found that Hawkins was given his Miranda warnings, and based this determination on the credibility of the two witnesses. Furthermore, the court found that, at no time prior to giving the in…
• United States v. Heidecke, 900 F.2d 1155 (7th Cir. 1990)
  …s if we were the initial trier of fact. Unless implausible in light of the whole record, we must defer to the trial court’s factual findings rather than reassess the evidence ourselves. Gorham v. Franzen, 760 F. 2d 786, 790 (7th Cir.), cert. denied, 474 U.S. 922, 106 S.Ct. 255, 88 L.Ed.2d 262 (1985). Heidecke’s prosecutors were found to have truthfully represented that Valukas needed more time to make a final decision in light of issues raised during a meeting between Valukas and Heidecke’s attorney. Also,…
• Earnest Walker v. A.L. Lockhart, 852 F.2d 379 (8th Cir. 1988)
  …s.” Kimmelman, 477 U.S. at 381, 106 S.Ct. at 2586. When counsel makes a reasoned strategic decision, it is “virtually unchallengeable,” Strickland, 466 U.S. at 690, 104 S.Ct. at 2066; Hayes v. Lockhart, 766 F. 2d 1247, 1251 (8th Cir.), cert. denied, 474 U.S. 922, 106 S.Ct. 256, 88 L.Ed.2d 263 (1985), even when that strategic decision later proves unwise, see Blackmon, 825 F. 2d at 1265. Here, Walker argues his counsel was ineffective in several ways: (1) by failing to inform Walker of the jury intrusion; (…