# Simon v. Epps

> Court of Appeals for the Fifth Circuit · September 7, 2010 · 394 F. App'x 138

URL: https://www.frixlaw.com/law-library/cases/9438300

## Case

- **Full name:** Robert SIMON, Jr., Petitioner-Appellant v. Christopher B. EPPS, Commissioner, Mississippi Department of Corrections, Respondent-Appellee
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** September 7, 2010
- **Citations:** 394 F. App'x 138
- **Precedential status:** Unpublished
- **Opinion:** Dissent by Jolly
- **Judges:** Jolly, Dennis, Prado
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9438300

## Opinion text

E. GRADY JOLLY,
dissenting in part:
Because Simon cannot satisfy the prejudice prong of Strickland, it is not necessary to assess whether his counsel’s performance was deficient and, consequently, the discussion of deficient performance in Part III A of the opinion is dicta. For this reason, I do not join part III A of the opinion. I fully concur in the remainder of the opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9438300. Public record. Not legal advice.