DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
041117P.pdf 03/21/2005 Steven F. Taylor v. Larry Norris
U.S. Court of Appeals Case No: 04-1117
Eastern District of Arkansas
Prisoner case - habeas. The court vacates its February 9, 2005 opinion
in the case and files a substituted opinion. This court can not consider
claim of ineffective assistance of counsel as the Arkansas Supreme Court
found the claim procedurally defaulted as a matter of state law; although
the Arkansas Supreme Court stated an alternative ruling based on the
merits, and although the alternative ruling appears to address the federal
issue of ineffective assistance of counsel, the court nevertheless stated
that its decision rested on state procedural grounds; as long as a state
court sets forth a clear and plain statement that its decision rests on state
law grounds, and as long as those grounds are adequate and independent
of federal claims, the state court may make reference to a federal claim
without opening the door to habeas review.
[PUBLISHED] [Melloy, Author, with Bowman and Benton, Circuit Judge]
041117P.pdf 02/09/2005 Steven F. Taylor v. Larry Norris
U.S. Court of Appeals Case No: 04-1117
Eastern District of Arkansas
Habeas Case - ineffective assistance of counsel. Claim of conflict of
interest was sufficiently addressed by state court to overcome procedural
bar challenge. Claim of conflict of interest must establish conflict
actually affected the adequacy of the representation. State supreme court
did not apply clearly established Supreme Court precedent in an
unreasonable manner. Denial of habeas relief is affirmed. [PUBLISHED]
[Melloy, Author with Bowman and Benton, Circuit Judges]