McNair v. Oesterreicher

How courts have described this case

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

• evaluating the harmfulness of an in-court identification by considering its effect on identification evidence because “the Commonwealth’s case depended on solid and persuasive identification evidence”
• finding counsel were not ineffective for declining to put on “potentially damaging psychiatric evidence” that the defendant had antisocial personality disorder
• examining whether actual prejudice sufficient to excuse procedural default is present by addressing “whether state habeas counsel would have succeeded” had the procedurally defaulted claim been raised in post-conviction proceedings
• finding denial of appellant = s actual innocence claims appropriate where DNA evidence was inconclusive and did not show someone else to be the source of the DNA sample taken from the crime scene
• observ- ing that conviction became final when Supreme Court denied certiorari on direct appeal
• “[T]he trial court’s refusal to strike a juror for cause does not affect the right to an impartial jury if the defense in fact strikes the juror with a peremptory challenge.”

Source: CourtListener parenthetical corpus (CC0).