Dougan v. Singletary

20 Citing cases

  1. Hamilton v. State

    236 So. 3d 276 (Fla. 2018)   Cited 1 times

    Hamilton was convicted of the 1994 first-degree murder, armed sexual battery, armed robbery, and armed kidnapping of Carmen Gayheart. Hamilton v. State , 703 So.2d 1038, 1040 (Fla. 1997), cert. denied , 524 U.S. 956, 118 S.Ct. 2377, 141 L.Ed.2d 744 (1998). We affirmed Hamilton's convictions and sentence of death on direct appeal.

  2. Griffin v. Pierce

    622 F.3d 831 (7th Cir. 2010)   Cited 98 times   1 Legal Analyses
    Holding trial counsel ineffective for failing to present any mitigation evidence concerning the defendant’s home life, mental health issues, and struggles with addiction

    The Illinois Supreme Court affirmed. People v. Griffin, 178 Ill.2d 65, 227 Ill.Dec. 338, 687 N.E.2d 820 (1997) ( Griffin II), cert. denied, 524 U.S. 956, 118 S.Ct. 2376, 141 L.Ed.2d 743 (1998). The court recognized that "counsel has a duty to investigate potential sources of mitigation evidence, or to have a reason not to make such an investigation" and stated that the "decision whether to present a particular witness is generally a strategic choice which cannot support a claim of ineffective assistance of counsel."

  3. Tennard v. Dretke

    442 F.3d 240 (5th Cir. 2006)   Cited 6 times   1 Legal Analyses
    Noting that jury could give some effect to evidence of impaired intellectual functioning through deliberateness special issue

    The facts of Tennard's heinous crime and the subsequent state criminal trial are set forth in the prior opinions this court, the Supreme Court, and the Texas Court of Criminal Appeals. See Tennard v. Dretke, 542 U.S. 274, 124 S.Ct. 2562, 159 L.Ed.2d 384 (2004) ; Tennard v. Cockrell, 284 F.3d 591 (5th Cir. 2002), vacated by 537 U.S. 802, 123 S.Ct. 70, 154 L.Ed.2d 4 (2002); Ex parte Tennard, 960 S.W.2d 57, 58 (Tex.Crim.App. 1997), cert. denied, Tennard v. Texas, 524 U.S. 956, 118 S.Ct. 2376, 141 L.Ed.2d 743 (1998); Tennard v. Texas, 802 S.W.2d 678, 679 (Tex.Crim.App. 1990), cert. denied, 501 U.S. 1259, 111 S.Ct. 2914, 115 L.Ed.2d 1077 (1991). Tennard met his accomplices Paul Anthony Bogany and Daniel Groom at the Groovey Shack Lounge in Harris County, Texas, on August 15, 1985.

  4. Ferrer v. Superintendent

    628 F. Supp. 2d 294 (N.D.N.Y. 2008)   Cited 29 times
    Holding that "'"[f]ederal habeas relief is not available to redress alleged procedural errors in state post-conviction proceedings"'" (quoting Falas v. Phillips, No. 03 Civ. 4839, 2004 WL 1730289, at *13 (S.D.N.Y. Aug. 3, 2004))

    The Due Process Clause of the United States Constitution requires an affirmative showing that a defendant's plea is entered both knowingly and voluntarily before the trial court may accept the plea. See Godinez v. Moran, 509 U.S. 389, 400 (1993); Salas v. United States, 139 F.3d 322, 324 (2d Cir. 1998), cert. denied, 524 U.S. 956 (1998). "The longstanding test for determining the validity of a guilty plea is `whether the plea represents a voluntary and intelligent choice among the alternative courses of action open to the defendant.'"

  5. Lopez v. Walker

    239 F. Supp. 2d 368 (S.D.N.Y. 2003)   Cited 16 times
    Denying habeas relief even though the pre-sentence report made reference to prior suicide attempts and hospitalization and recommended an evaluation of defendant's emotional functioning

    See Godinez v. Moran (1993) 509 U.S. 389, 400; Parke v. Raley (1992) 506 U.S. 20, 28, reh'g denied (1993) 506 U.S. 1087; Salas v. United States (2d Cir. 1998) 139 F.3d 322, 324, cert. denied (1998) 524 U.S. 956. In order to ensure that a guilty plea represents a "voluntary and intelligent choice among the alternative courses of action open to the defendant," the trial court judge must make a searching inquiry into the circumstances surrounding the plea.

  6. Diaz v. Mantello

    115 F. Supp. 2d 411 (S.D.N.Y. 2000)   Cited 20 times
    Holding that language in the indictment and petitioner's acknowledgments and admissions during plea hearing demonstrated that petitioner suffered no prejudice from counsel's alleged failure to discuss elements of crime

    It is well-settled that the Due Process Clause of the Constitution requires an affirmative showing that an accused's plea is entered knowingly and voluntarily before the trial court may accept the plea. See Godinez v. Moran, 509 U.S. 389, 400, 113 S.Ct. 2680, 2687, 125 L.Ed.2d 321 (1993); Parke v. Raley, 506 U.S. 20, 28, 113 S.Ct. 517, 523, 121 L.Ed.2d 391 (1992), reh'g denied, 506 U.S. 1087, 113 S.Ct. 1068, 122 L.Ed.2d 372 (1993); Salas v. United States, 139 F.3d 322, 324 (2d Cir. 1998), cert. denied, 524 U.S. 956, 118 S.Ct. 2377, 141 L.Ed.2d 744 (1998). In order to ensure that a defendant's guilty plea represents "a voluntary and intelligent choice among the alternative courses of action open to the defendant," the trial court judge must make a searching inquiry into the circumstances surrounding the plea.

  7. Mclindon v. Russell

    108 F. Supp. 2d 842 (S.D. Ohio 1999)   Cited 1 times

    See Wilson v. Yaklich, 148 F.3d 596, 604 (6th Cir. 1998), cert. denied, 525 U.S. 1139, 119 S.Ct. 1028, 143 L.Ed.2d 38 (1999); Hampton v. Hobbs, 106 F.3d 1281, 1287 (6th Cir. 1997). See also Rodriguez v. Cook, 169 F.3d 1176 (9th Cir. 1999); Zehner v. Trigg, 133 F.3d 459, 463 (7th Cir. 1997); Dougan v. Singletary, 129 F.3d 1424, 1427 (11th Cir. 1997), cert. denied, 524 U.S. 956, 118 S.Ct. 2375, 141 L.Ed.2d 743 (1998); Gavin v. Branstad, 122 F.3d 1081 (8th Cir. 1997), cert. denied, 524 U.S. 955, 118 S.Ct. 2374, 141 L.Ed.2d 741 (1998). Neither prisoners nor indigents are a suspect class.

  8. Hall v. State

    67 S.W.3d 870 (Tex. Crim. App. 2002)   Cited 18 times
    Holding that because Hall failed to distinguish between his rights under the Fifth and Sixth Amendments, the court would combine its analysis of these points

    Finally, the jury was able to observe Hall's behavior first-hand in the videotaped interview he gave the press.See also Ex parte Tennard, 960 S.W.2d 57, 60-63 (Tex.Crim.App. 1997), cert. denied, 524 U.S. 956 (1998). In light of this evidence, we cannot say that Hall's due process rights have been violated or that he has been subjected to cruel and unusual punishment.

  9. State v. Morris

    24 S.W.3d 788 (Tenn. 2000)   Cited 249 times   1 Legal Analyses
    Considering the felony murder aggravating circumstance as a single aggravating circumstance when the murder occurred while the defendant was committing another first degree murder, rape, burglary, and kidnapping

    1985);State v. Mann, 959 S.W.2d 503, 511 (Tenn. 1997), cert. denied, 524 U.S. 956, 118 S.Ct. 2376, 141 L.Ed.2d 743 (1998). We have defined "serious physical abuse beyond that necessary to produce death" as follows:

  10. Bland v. State

    No. W2007-00020-CCA-R3-PD (Tenn. Crim. App. Apr. 3, 2009)   Cited 6 times
    Holding that trial counsel was not ineffective in failing to retain a mitigation expert

    The ultimate goal of voir dire is to insure that jurors are competent, unbiased, and impartial. State v. Mann, 959 S.W.2d 503, 533 (Tenn. 1997), reh'g denied, (1998), cert. denied, 524 U.S. 956, 118 S. Ct. 2376 (1998); State v. Cazes, 875 S.W.2d 253, 262 (Tenn. 1994). There is no constitutional right that a defendant is entitled to have questions posed to the venire specifically directed to matters that conceivably might prejudice veniremen against him.