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Views Read View source View history. He fled to the Philippines and remained there for 11 years until he was extradited to the United States in One of the shots hit Asian Boyz member Samnang Oth, killing him. The state courts' resolution of Phim's challenge to his trial counsel's performance was neither contrary to, nor an unreasonable application of, Strickland. All four defendants were convicted and sentenced to life without parole on July 27, Start a business or something. The defendant's reliance on Saylor v.
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462 Mass. 470

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They kicked him, stomped on his head and swung crowbars at him. Thus, the substitute examiner could properly state his independent opinion as to the likely cause of death. Member Level 12 Gamer. Retrieved 29 June The respondent ignores the prosecutorial misconduct component of Phim's claim— perhaps because Phim raised no such federal due process claim arising from the recantation in state court. Nonetheless, the defendant's appellate brief suggests that, absent the substitute examiner's testimony, the defendant would have argued that the victim might have survived had he received prompt medical attention. Crips , Viet Boyz [2].
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Member Level 20 Artist. The defendant's first trial began before a Superior Court jury on March 10, , and terminated on March 24, when the trial judge declared a mistrial after receiving two notes from the jury declaring that they were "hopelessly" and "truly" deadlocked. We were trying to recruit more people. In the circumstances of this case, and in light of the measures adopted by the judge to limit the risk of prejudice, we cannot conclude that the admission of limited testimony on gang affiliation constituted an abuse of discretion. We thank you for your cooperation! The email you used to create your account. We are changing the login scheme for contributors for simpler login and to better support using multiple devices.
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The state court is not required to cite, or even have an awareness of, governing Supreme Court precedents, "so long as neither the reasoning nor the result of [its] decision contradicts them. Those assertions are not pertinent to the standards governing whether this Court is required or even permitted to hold an evidentiary hearing on Phim's claims. His brain was injured. United States District Court, D. The respondent opposed Phim's petition and the related motion for judgment on the pleadings, arguing each of his federal claims is meritless. He is required to serve a 5-year probation after his release.
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