Block on Trump's Asylum Ban Upheld by Supreme Court
In habeas proceedings, district court's ruling in favor of defendant on the merits of his ineffective assistance of counsel claims is reversed and remanded as, in reaching its conclusions, the district court ignored the several state post-conviction proceedings which had determined that the evidence defendant presented was not credible and that his constitutional claim was without merit, and such a de novo do-over was impermissible under the Antiterrorism and Effective Death Penalty Act of 1996.
Argued: December 4, 2009
Decided: January 29, 2010
Opinion by Chief Judge Wilkinson
For Appellant: Clarence Joe DelForge, III.
For Appellee: William Gregory Duke