· 2/22/2002
Thomas D. Monzo v. Ron Edwards, Warden
Citations
- 281 F.3d 568
- 2002 U.S. App. LEXIS 2672
- 2002 WL 246666
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- fingerprints were taken from crime scene in 1987, but defendant was identified from them only in 1993, after AFIS had become available in that case
- fingerprints were taken from crime scene in 1987 but defendant was identified from them only in 1993, after AFIS had become available in that case
- requiring a showing of \bad faith\ by the defendant; even \gross negligence\ is not sufficient
- “It is not enough that the police knew that semen samples could be determinative of guilt or innocence if preserved or tested.”
- “[T]he petitioner must demonstrate that there was cause for his failure to follow the rule and that actual prejudice resulted from the alleged constitutional error.”
- “Generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Guy, Clay, Nugent
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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