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Third Circuit· 9/11/2002

Marshall v. Hendricks

Citations

  • 307 F.3d 36

How courts have described this case

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

  • noting structural deficiencies, but not mere allegations of error, can surmount Stone
  • “An erroneous or summary resolution by a state court of a Fourth Amendment claim does not overcome the bar.”
  • “The standard for materiality [under Brady] is the same as that iterated in Strickland v. Washington, 466 U.S. 668, 694 (1984).”
  • the existence of alternative, even more preferable or more effective, strategies does not 20 satisfy the first element of the Strickland test
  • “Given the unanimity requirement, the ‘reasonable probability of a different outcome’ would mean that only one juror need weigh the factors differently and find that the aggravating factor did not outweigh” the mitigating factors
  • trial court erred in not applying “lost or missing evidence” inference regarding video footage

Source: CourtListener parenthetical corpus (CC0).

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Cited by

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

Cites

90 cases in this archive are cited by this case; the 20 most cited are listed.

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