SCOTT

v.

PARSONS, WARDEN, ET AL.

Citator

Cited By

• Lindgren v. Lane, 925 F.2d 198 (7th Cir. 1991)
  …fendant’s failure to testify, but rather expressed the state’s belief that Lewis’ testimony was simply more credible than Howell’s and should be believed. See Kurina v. Thieret, 853 F. 2d 1409, 1416 (7th Cir.1988), certiorari denied, Kurina v. Haws, 489 U.S. 1085, 109 S.Ct. 1544, 103 L.Ed.2d 848 (“We have never held that references to uncontroverted evidence which could have been controverted by someone other than the defendant will constitute reversible error.”). Petitioner also argues that it was error fo…
• United States v. Alphonso Martinez, 937 F.2d 299 (7th Cir. 1991)
  …hermore, “[w]e have never held that references to uncontroverted evidence which could have been controverted by someone other than the defendant will constitute reversible error.” Kurina v. Thieret, 853 F. 2d 1409, 1416 (7th Cir.1988), cert. denied, 489 U.S. 1085, 109 S.Ct. 1544, 103 L.Ed.2d 848 (1989). See also DiCaro, 852 F. 2d at 263 (“A prosecutor’s assertion that evidence is uncontradicted is impermissible only if it is highly unlikely that anyone other than the defendant could rebut the evidence.”).…
• Lilly v. Gilmore, 988 F.2d 783 (7th Cir. 1993)
  …s lawyer in 1983. The Sixth Amendment does not require counsel to forecast changes or advances in the law, or to press meritless arguments before a court. Kurina v. Thieret, 853 F. 2d 1409, 1417 (7th Cir.1988), cert. denied sub nom., Kurina v. Haws, 489 U.S. 1085, 109 S.Ct. 1544, 103 L.Ed.2d 848 (1989). “A fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel’s challenged conduct, and to evaluat…