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· 3/13/2007

United States v. Raymond Derrick Baker

Citations

  • 479 F.3d 574
  • 2007 U.S. App. LEXIS 5746
  • 2007 WL 737931

How courts have described this case

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

  • holding affidavit from inmate who overheard witness contradicting testimony would only impeach
  • affirming a denial of an evidentiary hearing and relying, in part, on the fact that motion judge had been trial judge
  • finding no abuse of discretion in the denial of an evidentiary hearing where a witness recanted between trial and sentencing, but the witness’s trial testimony was relatively unimportant to the defendant’s conviction
  • finding no abuse of discretion in the denial of an evidentiary hearing where a witness recanted between trial and sentencing, but the witness’s trial testimony was relatively unimportant to the defendant’s conviction
  • reciting, “the newly discovered evidence must be [among other things] such that its emergence probably will result in an acquittal upon retrial. . . . [N]ewly discovered evidence must be more than merely . . . impeaching.” (citations and quotations omitted)
  • generally indicating newly discovered evidence offered merely to impeach a witness’s testimony is insufficient to warrant a new trial

Source: CourtListener parenthetical corpus (CC0).

Judges: Loken, Murphy, Shepherd

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.