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.
061786P.pdf 02/22/2007 Michael Cagle, Jr. v. Larry Norris
U.S. Court of Appeals Case No: 06-1786
U.S. District Court for the Eastern District of Arkansas - Pine Bluff
[PUBLISHED] [Benton, Author, with Melloy and Beam, Circuit Judges]
Prisoner case - habeas. Arkansas courts' determinations with respect
to jury instructions on self-defense were not contrary to clearly
established federal law and were not based on an unreasonable
determination of the facts in light of the evidence presented; as a
result, the claim of ineffective assistance of counsel in failure to
object to the instructions is rejected; trial counsel's performance
concerning the handling of information that the victim in the case
was intoxicated on methamphetamine did not fall below an objective
standard of reasonableness and did not prejudice Cagle; claims of
structural error in submission of the jury instruction and violation
of the right to present a defense were procedurally defaulted.
061786P.pdf 01/24/2007 Michael Cagle, Jr. v. Larry Norris
U.S. Court of Appeals Case No: 06-1786
U.S. District Court for the Eastern District of Arkansas - Pine Bluff
[PUBLISHED] [Benton, Author, with Melloy and Beam, Circuit Judges]
Habeas Corpus - section 2254. District court properly denied claim
ineffective assistance of counsel for failure to object to jury
instruction on self-defense justification because defendant did not
prove prejudice and for failure to argue for admission of evidence
that victim was intoxicated on methamphetamine because defendant failed
to show unreasonable performance. Claim that jury instruction error was
structural error was procedurally barred notwithstanding that it was
raised in state post-conviction proceedings and cause and prejudice or
miscarriage of justice was not demonstrated.