Topic: the habeas petitioner has the burden of rebutting, by clear… · Go Syfert
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Topic #21988

5 canonical passages across 4 cases, quoted by 19 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Darryl Gumm v. Betty Mitchell.

#Case FlagCanonical passage Citers
1 Darryl Gumm v. Betty Mitchell Anchor
ca6 · 2014
green “the habeas petitioner has the burden of rebutting, by clear and convincing evidence, the presumption that the state court's factual findings were correct.” 6
2 United States v. Miller
ca6 · 2008
green “stifled his ability to communicate with his counsel due to the threat of being electrocuted,” 4
3 Leonard v. Warden, Ohio State Penitentiary
ca6 · 2017
green “daniel has not established an unreasonable application of clearly established federal law.” 3
4 Leonard v. Warden, Ohio State Penitentiary
ca6 · 2017
green “we cannot find any supreme court precedent that speaks to the psychological impact of non-visible restraints and their interference with a defendant's ability to present a fair defense or consult with counsel.” 3
5 United States v. Orris
ca6 · 2004
green “there is no indication whatsoever in the record that the shackling prevented the defendant from consulting with his attorney” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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