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· 3/18/2022

Marion Diagnostic Center, LLC v. Becton Dickinson & Company

Citations

  • 29 F.4th 337

How courts have described this case

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

  • holding witness’s alleged wearing of sunglasses would not have violated “face to face” confrontation under the Massachusetts constitution
  • erroneous instruction, read in context of otherwise correct charge, would not have been misunderstood by jurors
  • “It is significant that no affidavit from trial counsel was submitted in connection with [the defendant’s] motion for a new trial”
  • “[I]t is significant that no affidavit from trial counsel was submitted in connection” with the motion for new trial
  • defendant’s “self-serving affidavit and the affidavit from appellate counsel failed to establish a prima facie case for relief and, therefore, for postconviction discovery”
  • two incorrect instructions and two correct instructions on voluntary manslaughter did not create substantial likelihood of miscarriage of justice where judge \repeatedly emphasized\ proper burden of proof throughout

Source: CourtListener parenthetical corpus (CC0).

Judges: St__Eve

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.