Legal Opinion
Demarkus Hodge v. Pat Hurley, Warden
Court of Appeals for the Sixth Circuit
Decided October 12, 2005No. 03-3166PublishedCited by 131 opinions
1Opinion of the CourtMoore, J., joined by Cole, J.,
SILER, J. (pp. 396-99), delivered a separate dissenting opinion.
OPINION
MOORE, Circuit Judge.
This is a child-rape case where the only evidence sufficient to sustain a conviction was a jury determination that the complaining witness was more credible than the defendant. During his egregiously improper closing argument, the prosecutor commented on the credibility of witnesses, misrepresented the facts of the case, made derogatory remarks about the defendant, and generally tried to convince the jury to convict on the basis of bad character, all while defense trial counsel sat idly by.1 We…
2Cases cited23 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Williams v. TaylorSupreme Court of the United States · 2000
- Berger v. United StatesSupreme Court of the United States · 1935
- Lindh v. MurphySupreme Court of the United States · 1997
- United States v. YoungSupreme Court of the United States · 1985
18 more not listed; retrieve them via the Exa API.
3Cited by131 opinions
- Jeffrey D. Lundgren v. Betty Mitchell, WardenCourt of Appeals for the Sixth Circuit · 2006
- Jeffrey Wogenstahl v. Betty MitchellCourt of Appeals for the Sixth Circuit · 2012
- United States v. WarshakCourt of Appeals for the Sixth Circuit · 2010
- Veronica McQueen v. Beecher Community SchoolsCourt of Appeals for the Sixth Circuit · 2006
- Darryl M. Durr v. Betty Mitchell, WardenCourt of Appeals for the Sixth Circuit · 2007
126 more not listed; retrieve them via the Exa API.