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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.