Legal Opinion
Gardner v. Ballard
District Court, S.D. West Virginia
Decided March 25, 2016No. CIVIL ACTION NO. 2:12-cv-03386PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
JOSEPH R. GOODWIN, UNITED STATES DISTRICT JUDGE
The issue before the court is the constitutionality of holding a man in prison for more than twenty-five years after the state convicted him using false testimony and the state circuit court inexplicably allowed his habeas petition to languish for over two decades.
In 1993, the Supreme Court of Appeals of West Virginia (“SCAWV”) was confronted with a pattern of misconduct by the state’s head serologist, Fred Salem Zain, which the SCAWV described as “shocking” and representing “egregious violations of the right óf a…
2Cases cited16 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Kotteakos v. United StatesSupreme Court of the United States · 1946
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- Giglio v. United StatesSupreme Court of the United States · 1972
- Napue v. IllinoisSupreme Court of the United States · 1959
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3Cited by1 opinion
- Gardner v. Kanawha County, West VirginiaDistrict Court, S.D. West Virginia · 2020