Legal Opinion
United States v. Lourdes Margarita Garcia
Court of Appeals for the Eleventh Circuit
Decided October 19, 2018No. 14-11845PublishedCited by 44 opinions
1Opinion of the Court
MARCUS, Circuit Judge:
*1260This is a troubling case. There can be no doubt-and the government does not contest the point-that constitutional error occurred. It is also clear that the error was plain and obvious. The decision to allow the government to introduce inculpatory evidence while both the defendant and her lawyer were absent for three to ten minutes in a trial that lasted more than 49 hours violated the defendant's right to counsel, her right to confront the witnesses arrayed against her, and her right to be present at trial under both the Due Process Clause and Fed. R. Crim. P. 43. The…
2Cases cited85 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- United States v. OlanoSupreme Court of the United States · 1993
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
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3Cited by44 opinions
- United States v. Deangelo Lenard JohnsonCourt of Appeals for the Eleventh Circuit · 2020
- United States v. Tarresse LeonardCourt of Appeals for the Eleventh Circuit · 2021
- United States v. Dontiez PendergrassCourt of Appeals for the Eleventh Circuit · 2021
- United States v. Jesus RodriguezCourt of Appeals for the Eleventh Circuit · 2023
- United States v. Jhony Antonio Contreras MaradiagaCourt of Appeals for the Eleventh Circuit · 2021
39 more not listed; retrieve them via the Exa API.