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· 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 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.