Legal Opinion · Dissent

United States v. Willie Decoster, Jr., (Decoster Iii)

Court of Appeals for the D.C. Circuit

Decided July 10, 1979No. 72-1283Published

1DissentMacKINNON, Circuit Judge

In my view this dissent is required because the foregoing opinion relentlessly disregards the facts and the law applicable to this case in an unjustified switching of the burden of proof to reverse a conviction of an admittedly guilty defendant without any showing even of a mere possibility that truthful evidence might have helped the defense, or might have affected the outcome of the trial.1 The factual findings of the trial court are obviated without suitable explanation, and, additionally, my two colleagues attempt to change the law by an unjustified appellate experiment so as to greatly…

2Cases cited83 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Brady v. MarylandSupreme Court of the United States · 1963
  3. Chapman v. CaliforniaSupreme Court of the United States · 1967
  4. Glasser v. United StatesSupreme Court of the United States · 1942
  5. United States v. WadeSupreme Court of the United States · 1967

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