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· 11/10/1992

Shelton R. Thomas v. Bob Goldsmith

Citations

  • 979 F.2d 746
  • 92 Cal. Daily Op. Serv. 9142
  • 92 Daily Journal DAR 15148
  • 1992 U.S. App. LEXIS 29281
  • 1992 WL 321267

How courts have described this case

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

  • showing of factual innocence is necessary to trigger manifest injustice relief
  • applying harmless error review to claim defendant was denied right to be present
  • “If the intermediate appellate court judgment rests on procedural default and the state Supreme Court denies review without explanation, the federal courts will consider the claim procedurally defaulted.”
  • “[B]are allegations, 5 unsupplemented by evidence, do not tend to establish . . . actual innocence sufficiently for 6 the court to ignore [a procedural bar to merits review].”
  • “[B]are allegations, unsupplemented by evidence, do 19 not tend to establish . . . actual innocence sufficiently for the court to ignore . . . [a 20 procedural] default.”
  • a state should turn over exculpatory evidence relevant to a habeas corpus proceeding

Source: CourtListener parenthetical corpus (CC0).

Judges: Reinhardt, Noonan, Thompson

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.