CHAVEZ

v.

BERNALILLO COUNTY DISTRICT COURT

Citator

Cited By

• Lundy v. Donal Campbell and Charles W. Burson, 888 F.2d 467 (6th Cir. 1989)
  …fairness of the trial, we are obligated to keep in mind that it is the whole trial that is evaluated, not simply the six isolated instances cited to us by the petitioner. As we held in Payne v. Janasz, 711 F. 2d 1305, 1310 (6th Cir.), cert. denied, 464 U.S. 1019, 104 S.Ct. 552, 78 L.Ed.2d 726 (1983), to warrant habeas relief “errors must be of constitutional proportion and, taken as a whole and within the context of the entire record, have caused the substantial rights of the petitioner as secured by the Fo…
• Waters v. Kassulke, 916 F.2d 329 (6th Cir. 1990)
  …not believe, however, that this error rendered the trial fundamentally unfair. In making this determination, such errors are to be considered “within the context of the entire record.” Payne v. Janasz, 711 F. 2d 1305, 1310 (6th Cir.), cert. denied, 464 U.S. 1019 (1983). “The ‘entire record’ refers to all that occurred from the empanelment of the jury to the return of the verdict and includes, inter alia, the quality and quantity of the evidence of the defendant’s guilt; the extent to which the substantive…