Emig v. Hayward

How courts have described this case

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

• holding defendant essentially forfeited his right to a complete record because the difficulty in reconstructing the record after the reporter's notes went missing was due primarily to defendant's delay in proceeding with his direct appeal before the court of appeals
• holding defendant essentially forfeited his right to a complete record because the difficulty in reconstructing the record after the reporter's notes went missing was due primarily to defendant's delay in proceeding with his direct appeal before the court of appeals
• requiring a plaintiff seeking relief based on allegations that a record was erroneously constructed to show both a defect in the record and resulting prejudice
• denying defendant’s request for rehearing when defendant’s own conduct caused nineteen-month delay during which reporter’s notes were lost
• stating “the inquiry into participation in the underlying crimes goes to the merits of the charge in the demanding state and is beyond the ambit of the asylum state’s interest in the matter”
• requiring timely request for transcript or appellant assumes risk of loss

Source: CourtListener parenthetical corpus (CC0).