· 10/22/1999
Bernard Cullen v. United States
Citations
- 194 F.3d 401
- 1999 U.S. App. LEXIS 26585
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that district court could not overrule magistrate judge's factual finding on this point without conducting its own hearing
- holding that district court could not overrule magistrate judge’s factual finding on this point without conducting its own hearing
- holding that insistence on innocence is relevant, but not dispositive of question of whether petitioner would have accepted plea offer
- holding that simply to review the magistrate judge’s determination “would elevate the recommended ruling of the Magistrate Judge to a final ruling and undermine section 636(b)(l)’s requirement of a de novo determination by the District Court”
- explaining that although a habeas petitioner’s testimony is often self-serving, “it ought not to be rejected solely on this account”
- providing that “a district judge should normally not reject a proposed finding of a magistrate judge that rests on a credibility finding without having the witness testify before the judge”
Source: CourtListener parenthetical corpus (CC0).
Judges: Newman, Cardamone, Jacobs
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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