· 6/28/1991
Homer Aki Mathis v. David Hood, Superintendent, Otisville Correctional Facility
Citations
- 937 F.2d 790
- 1991 U.S. App. LEXIS 13514
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- requiring “some showing of prejudice to the appeal” before a court can grant immediate habeas relief
- suggesting, in dicta, that there “could” be certain “attorney conflicts of interest” constituting “per se violation[s] of the [S]ixth [A]mendment right to counsel”
- finding actual conflict of interest in lawyer's representation of defendant during appeal where defendant filed a grievance with disciplinary committee prior to appeal due to attorney's delay in filing appellate brief
- finding actual conflict of interest in lawyer's representation of defendant during appeal where defendant filed a grievance with disciplinary committee prior to appeal due to attorney's delay in filing appellate brief
- denying relief from a state court conviction despite finding a due process violation because it took six years for the state courts to rule on the petitioner’s appeal, as the petitioner failed to demonstrate prejudice
- noting “appellate delay by itself” is not “grounds for habeas relief.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Meskill, Pratt, Walker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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