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Ninth Circuit· 11/30/2010

Maxwell v. Roe

Citations

  • 628 F.3d 486
  • 2010 U.S. App. LEXIS 24432
  • 2010 WL 4925429

How courts have described this case

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

  • holding that false testimony was material because it came from a “‘make-or-break’ witness for the State” and there was a “paucity of other evidence”
  • informant was “the ‘make-or-break witness’ ” and his testi- mony about defendant’s jailhouse confession was the “center- piece of the prosecution’s case”
  • “[B]ecause the state court’s decision was ‘based on an unreasonable determination of the facts’ . . . AEDPA deference no longer applies.”
  • “The evidence of Storch’s later lies under oath does not establish the nature of his testimony at Maxwell’s trial”
  • “[E]ven false evidence presented in good faith . . . hardly comports with fundamental fairness.” (quoting Killian v. Poole, 282 F.3d 1204, 1209 (9th Cir. 2002))
  • “The evidence of Storch’s later lies under oath does not establish the nature of his testimony at Maxwell’s trial”

Source: CourtListener parenthetical corpus (CC0).

Judges: Pregerson, Paez, Mahan

Read full opinion on CourtListener

Cited by

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

Cites

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

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