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· 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 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.