· 9/9/1983
United States v. Everett Ray Darnell
Citations
- 716 F.2d 479
- 1983 U.S. App. LEXIS 24120
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “a flexible, equitable time limitation based on the doctrine of lach-es” is applicable to petitions for coram nobis relief
- the abuse-of-the-writ doctrine does not apply to coram nobis petitions, because the narrow scope of the writ \ensures that coram nobis will not be utilized as a substitute for appeal\
- \The government's ability to meet successfully the allegations of the motion or to present a case against the defendant if he is granted a new trial may be greatly diminished by the passage of time.\ (footnote omitted)
- \The government's ability to meet successfully the allegations of the motion or to present a case against the defendant if he is granted a new trial may be greatly diminished by the passage of time.\ (footnote omitted)
- writ of error coram nobis
- five year delay is unreasonable
Source: CourtListener parenthetical corpus (CC0).
Judges: Cummings, Pell, Bauer
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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