Robert Elmore v. Dale Foltz
Court of Appeals for the Sixth Circuit
1Opinion of the Court
CORNELIA G. KENNEDY, Circuit Judge.
The State of Michigan appeals from the decision of the District Court conditionally granting Elmore’s petition for a writ of habeas corpus.
Elmore filed his petition under 28 U.S.C. § 2254 on May 12, 1981, alleging that his 1977 state conviction for delivery of a controlled substance was unlawful on five separate grounds. The District Court’s dismissal of three of the grounds on summary judgment was not appealed. The two remaining grounds, that Elmore had been denied effective assistance of counsel and that the prosecution had unconstitutionally suppressed…
2Cases cited8 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- United States v. AgursSupreme Court of the United States · 1976
- California v. TrombettaSupreme Court of the United States · 1984
- Anderson v. HarlessSupreme Court of the United States · 1982
- Samuel Keener v. L. G. Ridenour, WardenCourt of Appeals for the Sixth Circuit · 1979
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3Cited by34 opinions
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- Commonwealth v. SnyderSupreme Court of Pennsylvania · 2009
- Frank Nali v. Thomas PhillipsCourt of Appeals for the Sixth Circuit · 2012
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