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· 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 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.