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· 11/13/2014

Moore Ex Rel. Estate of Jones v. Burge

Citations

  • 771 F.3d 444
  • 2014 U.S. App. LEXIS 21530
  • 2014 WL 5870675

How courts have described this case

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

  • noting that when a conviction’s validity is implicated by misconduct, then “Heck indeed bars relief until a conviction is set aside.”
  • explaining that, to the extent the plaintiffs argued that police violated their rights by giving false testimony, or that during trial prosecutors withheld material exculpatory evidence about misconduct during their interrogations, Heck bars relief until the conviction is set aside
  • applying a categorical approach and drawing a distinction between claims based on “out-of-court events,” which are not Heck- barred, and claims based on misconduct at trial, which are
  • applying a categorical approach and drawing a distinction between claims based on “out-of-court events,” which are not Heck- barred, and claims based on misconduct at trial, which are
  • distinguishing “out-of-court” conduct by the police that “does not (at least, need not) imply the invalidity” of a conviction from “claims based on proceedings in court” which do imply the invalidity of a conviction
  • “[e]ach discrete act — something wrongful independent of other events — carries its own period of limitations”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wood, Easterbrook, Tinder

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.