Richard Cotto v. Victor Herbert, Warden, Attica Correctional Facility

How courts have described this case

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

• explaining that “the lack of contemporaneous objection would not, almost by definition, be mentioned by the trial court”
• noting that Van Arsdall “outlined a series of factors to consider when a Confrontation Clause violation should be considered harmless error”
• stating that “the adequacy of a state procedural bar is determined with reference to the ‘particular application’ of the rule”
• stating that “the adequacy of a state procedural bar is determined with reference to the ‘particular application’ of the rule”
• requiring that \the government prove by a preponderance of the evidence that the defendant procured the witness' unavailability\
• noting that the federal standard “is actually less stringent than the New York standard.”

Source: CourtListener parenthetical corpus (CC0).