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· 6/30/2006

Wynn Satterlee v. Hugh Wolfenbarger

Citations

  • 453 F.3d 362
  • 2006 U.S. App. LEXIS 16447
  • 2006 WL 1788981

How courts have described this case

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

  • holding that ineffective assistance claim was fairly presented when federal petition relied heavily on a fact presented, but not emphasized, in state court
  • holding that \extraordinary circumstances” warranting a bar on reprosecution include \when the state inexcusably, repeatedly, or otherwise abusively fails to act within the prescribed time period”
  • affirming district court’s granting of immediate release upon the State’s failure to comply with the conditional writ
  • barring retrial deemed appropriate “when the state inexcusably, repeatedly, or otherwise abusively fails to act within the prescribed time period or if the state’s delay is likely to prejudice the petitioner’s ability to mount a defense at trial” (internal quotation marks omitted)
  • barring retrial deemed appropriate “when the state inexcusably, repeatedly, or otherwise abusively fails to act within the prescribed time period or if the state’s delay is likely to prejudice the petitioner’s ability to mount a defense at trial” (internal quotation marks omitted)
  • “It appears that we have never expressly addressed whether habeas courts have the power to order the expungement of the record of a conviction. We conclude that they do.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Moore, Cole, Clay

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.