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· 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 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.