Redding v. Holt

How courts have described this case

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

• concluding that, in the absence of an accurate description of a lost exhibit, it is impossible to determine whether its absence constitutes a substantial or insubstantial omission, and applying a presumption of prejudice
• returning the case for a DuBay hearing to reconstruct the missing exhibit and rebut the presumption of prejudice arising from its omission
• trial counsel’s “memorandum for record” attempting to describe missing exhibit’s contents is insufficient to overcome presumption of prejudice; court notes government memorandum “made no effort, whatsoever, to shoulder the burden” of overcoming the presumption of prejudice
• post-trial Dubay hearing authorized to reconstruct missing exhibit
• ordering DuBay hearing to find missing exhibit

Source: CourtListener parenthetical corpus (CC0).