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· 8/4/1999

Hawkins v. Hannigan

Citations

  • 185 F.3d 1146
  • 1999 Colo. J. C.A.R. 4966
  • 1999 U.S. App. LEXIS 18199
  • 1999 WL 568393

How courts have described this case

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

  • holding that counsel’s decision in the defendant’s presence for admission of hearsay statement of frail, elderly rape victim in lieu of live testimony was prudent trial strategy which did not infringe the defendant’s confrontation right
  • upholding evidentiary stipulation against Sixth Amendment challenge because no evidence showed that the defendant disagreed with or objected to his counsel's decision
  • stipulation, which was signed by both defense counsel and the defendant, was read into the record in the defendant’s presence
  • “The live testimony of a frail, elderly rape victim could have been extraordinarily damaging to the defense”
  • where defense counsel’s decision to enter stipulation to allow admission of hearsay testimony was prudent trial decision and the record reflected no dissent from defendant, waiver of confrontation rights was effective
  • no prejudice established given expert testimony, medical testimony and defendant’s own conflicting statements

Source: CourtListener parenthetical corpus (CC0).

Judges: Seymour, Ebel, Kelly

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.