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· 11/9/2006

Richard Joseph, Petitioner-Appellant/cross-Appellee v. Ralph Coyle, Warden, Respondent-Appellee/cross-Appellant

Citations

  • 469 F.3d 441
  • 2006 U.S. App. LEXIS 27697
  • 2006 WL 3250935

How courts have described this case

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

  • concluding that a demonstration of prejudice under Strickland “likewise establishes prejudice for purposes of cause and prejudice” in the procedural-default context
  • holding that “Strickland prejudice . . . establishes prejudice for purposes of cause and prejudice”
  • holding that prejudice to the defendant was sufficiently reduced by the district court allowing defense counsel several days to review the belatedly disclosed impeachment evidence, and also by giving relevant instructions to the jury
  • concluding that any prejudice from prosecutor’s comment on the defendant’s failure to present evidence was remedied by the trial court’s instruction to disregard the remark and its subsequent instruction about the state’s burden of proof
  • explaining that because the Supreme Court has held in Strickler v. Greene, 527 U.S. 263 , 119 S.Ct. 1936 , 144 L.Ed.2d 286 (1999
  • finding that a trial court’s implementation of several “remedial measures to remedy the delay ... reduced the potential materiality/prejudiee of the delay”

Source: CourtListener parenthetical corpus (CC0).

Judges: Moore, Cole, Clay

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.