· 11/16/2001
DiBenedetto v. Hall
Citations
- 272 F.3d 1
- 2001 U.S. App. LEXIS 24569
- 2001 WL 1415416
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that de novo review applies when “the state court has not decided the federal constitutional claim (even by reference to state court decisions dealing with federal constitutional issues)”
- finding that the AEDPA does not apply where the state court has not decided the federal constitutional issue
- discussing evidence at second trial: “The sneakers showed no visible signs of blood, itself surprising given the number of times the victims were shot at close range”
- “it is difficult to imagine the sneaker evidence played much of a role in the jury’s determination”
- sneaker with blood spot destroyed; no constitutional violation where test results existed and defendant free to cross-examine expert who conducted test
- when “state court has addressed the federal constitutional issue, it is its ultimate outcome, and not its rationalization, which is the focus”
Source: CourtListener parenthetical corpus (CC0).
Judges: Boudin, Lynch, Diclerico
Read full opinion on CourtListenerSourced 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.