· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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