· 12/29/1978
Danny G. Rachel v. Donald E. Bordenkircher
Citations
- 590 F.2d 200
- 1978 U.S. App. LEXIS 6677
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the Sixth Amendment was violated because attorneys’ inexperience, inattention or lack of knowledge of the law led to their failure to object to misconduct
- cause exists when failure to make timely objections stems from inexperience, inattention or lack of knowledge of the law
- “It is apparent that the prosecution calculated these remarks to create in the jurors’ minds an inference of guilt based solely on petitioner’s election to remain silent.”
- prosecutor remarked, “We will never know, these men won’t tell us. The only other man who could tell us is dead and in his grave. . . .”
- cause exists when failure to make timely objections stems from inexperience, inattention, or lack of knowledge of the law as acknowledged by affidavits of counsel
- affidavits by defense counsel showed inexperience, inattention and lack of knowledge of applicable law
Source: CourtListener parenthetical corpus (CC0).
Judges: Keith, Peck, Phillips
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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