· 8/19/2003
Kermit Oris Bear Stops v. United States
Citations
- 339 F.3d 777
- 2003 WL 21805291
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- deciding that it need not address an alleged spillover issue that had already been explicitly rejected on direct appeal
- concluding that any evidentiary error was harmless beyond a reasonable doubt and, consequently, any deficiency in appellate counsel’s failure to raise a hearsay claim on direct appeal did not prejudice the defense
- finding that the inclusion of any hearsay evidence was not so prejudicial that it would have changed the outcome
- finding that, even if an error occurred as a result of the evidence being admitted, such error was harmless beyond a reasonable doubt
- holding Strickland’s prejudice prong was not met because appellate counsel’s failure to raise an evidentiary issue would not have altered the result of the proceedings because the erroneous admission of evidence would have constituted harmless error beyond a reasonable doubt
- “To prevail on a § 2255 motion, the [movant] must demonstrate a violation of the Constitution or the laws of the United States.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hansen, Arnold, Bye
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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