# Washington v. Strickland

> Court of Appeals for the Fifth Circuit · December 23, 1982 · 693 F.2d 1243

URL: https://www.frixlaw.com/law-library/cases/8916098

## Case

- **Full name:** David Leroy WASHINGTON v. Charles E. STRICKLAND, Superintendent, Florida State Prison, Jim Smith, Attorney General of the State of Florida, and Louie L. Wainwright, Secretary of Department of Corrections
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** December 23, 1982
- **Citations:** 693 F.2d 1243; 12 Fed. R. Serv. 340
- **Precedential status:** Published
- **Opinion:** Concurrence by Clark
- **Judges:** Anderson, Clark, Fay, Godbold, Henderson, Hill, Johnson, Kravitch, Ney, Roney, Tjoflat, Vance
- **Cited by:** 174 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Reversed on other grounds by Strickland v. Washington, 466 U.S. 668 (1984).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8916098

## How later opinions describe it (automated extraction)

- holding that judge may testify regarding "personal knowledge of historical facts or expert opinion[,]” but "may not.be asked to testify about his mental processes in reaching a judicial decision”

## Opinion text

THOMAS A. CLARK, Circuit Judge,
concurring:
I concur in Judge Tjoflat’s opinion except for the remand instructions. I would ask the district court to conditionally grant the writ subject to the state court holding an evidentiary hearing to permit introduction of Washington’s mitigating circumstances evidence. The state court should determine, not a federal court, whether such evidence tilts the scales to a life sentence. The only problem with this case is that no Florida court has heard and considered the evidence. The affidavits were not a substitute for evidence and were filed for the purpose of securing a hearing. A hearing by a Florida court would bring this case to a speedy conclusion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8916098. Public record. Not legal advice.