· 1/23/1995
Eddie Maes v. John Thomas, Warden and Attorney General of the State of New Mexico
Citations
- 46 F.3d 979
- 1995 U.S. App. LEXIS 1508
- 1995 WL 25948
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that omitted instructions are “less likely to be prejudicial than a misstatement of the law”
- holding exclusion of evidence regarding witness’s probation status not fundamentally unfair when petitioner presented other evidence of his violent past
- collecting cases and stating, “New Mexico courts have consistently applied the rule that deems all issues abandoned that are not raised in an appellant’s brief in chief”
- “A state court finding of procedural default is adequate if it is strictly or regularly followed.” (quotation omitted)
- “A state conviction may only be set aside in a habeas proceeding on the basis of erroneous jury instructions when the errors had the effect of rendering the trial so fundamentally unfair as to cause a denial of a fair trial.”
- “A state conviction may only be set aside in a habeas proceeding on the basis of erroneous jury instructions when the errors had the effect of rendering the trial so fundamentally unfair as to cause a denial of a fair trial.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Moore, Barrett, Rogers
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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