Topic: we consider questions about the credibility and demeanor of… · Go Syfert
← All topics

Topic #511

6 canonical passages across 4 cases, quoted by 53 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 Robert Consalvo v. Secretary, Department of Corrections.

#Case FlagCanonical passage Citers
1 Robert Consalvo v. Secretary, Department of Corrections Anchor
ca11 · 2011
green “we consider questions about the credibility and demeanor of a witness to be questions of fact.” 11
2 Jones v. State
fla · 2003
green “postconviction relief cannot be based on speculative assertions.” 11
3 Anthony Keith Johnson v. State of Alabama
ca11 · 2001
green “johnson offers only speculation that the missing witnesses would have been helpful. this kind of speculation is 'insufficient to carry the burden of a habeas corpus petitioner.” 10
4 Robert Consalvo v. Secretary, Department of Corrections
ca11 · 2011
green “determining the credibility of witnesses is the province and function of the state courts, not a federal court engaging in habeas review.” 10
5 William Van Poyck v. Florida Department of Corrections, Michael W. Moore, Secretary of Florida Department of Corrections
ca11 · 2002
green “a petitioner cannot establish ineffective assistance by identifying additional evidence that could have been presented when that evidence is merely cumulative.” 8
6 Robert Consalvo v. Secretary, Department of Corrections
ca11 · 2011
green “federal courts have no license to redetermine credibility of witnesses whose demeanor has been observed by the state trial court but not by them. we consider questions about the credibility and demeanor of a witness to be questions of fact.” 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.

← Caselaw search · Hot / Trending / Newly red · Brief Check