Donald O. Coe v. Otis Thurman, Warden

How courts have described this case

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

• explaining that excessive delay in obtaining appeal may eonsti-tute due process violation relieving prisoner of exhaustion requirement
• rejecting Harris rule and suggesting it was implicitly overruled by the Second Circuit’s affirmance of Wheeler
• governing factors in evaluating claim are length of delay, reason for delay, petitioner’s assertion of his right, and prejudice to petitioner
• excusing exhaustion requirement where petitioner's direct appeal had not been decided four years after notice of appeal was filed and petitioner demonstrated defense would be impaired in the event of retrial
• attributing “the bulk” of a four-year delay in defendant’s appeal to a court reporter’s slowness in filing the trial transcript and the police department’s slowness in augmenting the record at the request of defendant’s counsel
• court has “discretion” to address Teague defense raised for the first time in petition for rehearing

Source: CourtListener parenthetical corpus (CC0).