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· 7/1/1853

Herrin v. Libbey

Citations

  • 36 Me. 350

How courts have described this case

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

  • holding in Rule 29.15 appeal that \there is no plain error review in appeals from post-conviction judgments for claims that were not presented in the post- conviction motion\
  • noting direct appeals challenge a trial court’s actions, such as an unfavorable evidentiary ruling, while post- conviction appeals challenge counsel’s actions, such as failing to make an adequate offer of proof
  • noting that Petitioner’s school records were admissible
  • McLaughlin’s “allegations regarding the requisite investigation into Dr. Caruso are not preserved for appeal and will not be addressed”
  • motion court’s presumptively correct ruling will not be overturned for clear error unless we are left with definite and firm impression a mistake has been made
  • “The United States Supreme Court case of Chambers ... set forth the constitutionally based exception to the rule against the admission of hearsay during the guilt phase of trial, which this Court applies”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hathaway, Howard, Rice, Shepley

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.