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Tenth Circuit· 1/29/2001

LaFevers v. Gibson

Citations

  • 238 F.3d 1263
  • 2001 Colo. J. C.A.R. 648
  • 2001 U.S. App. LEXIS 1172
  • 2001 WL 68718

How courts have described this case

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

  • noting that there is a circuit split on this question and declining to decide whether such challenges are cognizable under § 2244(b)(2)(B) because the claim would fail on the merits
  • recounting evidence supporting assertion that Gilchrist lied during LaFevers’ trial as to whether electrophoresis testing had been conducted on Exhibit 83, the pants attributed to LaFevers, prior to trial
  • “assuming]” the existence of a Brady violation and concluding that the petitioner could not “demonstrate by clear and convincing evidence that but for the assumed Brady ... violation no reasonable factfin-der would have found him guilty of this murder”
  • noting “there is a split among the . . . circuits that have addressed the question,” but not resolving the “difficult question because even assuming § 2244(b)(2)(B)(ii) does encompass challenges to a death sentence,” the petitioner’s claim would fail
  • “assuming]” the existence of a Brady violation and concluding that the petitioner could not “demonstrate by clear and convincing evidence that but for the assumed Brady ... violation no reasonable factfin-der would have found him guilty of this murder”
  • “assum[ing]” the existence of a Brady violation and concluding that the petitioner could not “demonstrate by clear and convincing evidence that but for the assumed Brady . . . violation no reasonable factfinder would have found him guilty of this murder”

Source: CourtListener parenthetical corpus (CC0).

Judges: Brorby, Porfilio, Murphy

Read full opinion on CourtListener

Cited by

21 cases in this archive cite this case; the 20 most cited are listed.

Cites

11 cases in this archive are cited by this case.

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Sourced from CourtListener / Free Law Project (CC0).

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