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· 5/20/1940

Seman v. Leibovitz

Citations

  • 1 F.R.D. 280
  • 45 U.S.P.Q. (BNA) 665
  • 1940 U.S. Dist. LEXIS 1933

How courts have described this case

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

  • holding that even though a trial court should exclude evidence irrelevant to the penalty phase, the trial court in this case was not required to exclude the evidence of the killings, including gruesome photographs, because § 2929.03(D)(1
  • witness' testimony was cumulative and constituted harmless error because the error did not contribute to the verdict
  • defendant must “show that any particular failure to object substantially violated [an] essential duty [and] was prejudicial”
  • though events unfolded quickly, the record showed that defendant reflected on his actions immediately prior to the shooting, deliberated, and chose to shoot the victim
  • \The concept of accident is tantamount to a denial that the act was intentional.\
  • jury is presumed to follow court’s instruction to disregard defendant’s appearance in jail clothing

Source: CourtListener parenthetical corpus (CC0).

Judges: Bard

Read full opinion on CourtListener

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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.