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· 5/14/2001

Charles Wilson v. Betty Mitchell, Warden

Citations

  • 250 F.3d 388
  • 2001 U.S. App. LEXIS 8960
  • 2001 WL 501947

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that this court’s two-step analysis is consistent with the Supreme Court’s due process analysis of such prosecutorial misconduct claims
  • explaining that the third factor in a speedy-trial analysis calls on courts “to determine whether the defendant timely asserted his Sixth Amendment rights”
  • noting that the reason for delay determines the amount of proof that a petitioner must proffer in order to show prejudice
  • assuming that presenting the witness with only two photographs where only one photograph was of a man with the same hairstyle described by the witness was unduly suggestive
  • presuming district court’s finding was correct where defendant failed to adduce “clear and convincing evidence that contradicted the trial court’s factual determination”
  • presuming district court's finding was correct where defendant failed to adduce \clear and convincing evidence that contradicted the trial court's factual determination\

Source: CourtListener parenthetical corpus (CC0).

Judges: Cole, Gilman, Borman

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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