KEMP, WARDEN

v.

COLEMAN; AND KEMP, WARDEN V. ISAACS ET AL.

Citator

Cited By (23 total)

• NOE v. State, 586 So. 2d 371 (Fla. 1st DCA 1991)
  …., at 351. Prejudice from pretrial publicity is presumed where the publicity was sufficiently prejudicial and inflammatory that it pervaded the community where the trial was held. Coleman v. Kemp, 778 F. 2d 1487, 1490 (11th Cir.1985), cert. denied, 476 U.S. 1164, 106 S.Ct. 2289, 90 L.Ed.2d 730 (1986), citing Rideau v. Louisiana, 373 U.S. 723, 83 S.Ct. 1417, 10 L.Ed.2d 663 (1963); Murphy v. Florida, 95 S.Ct. at 2035. In Rideau, the defendant confessed to robbing a bank in a Louisiana parish, kidnapping three…
• Marsden v. Louie Moore, 847 F.2d 1536 (11th Cir. 1988)
  …arately. a. Juror prejudice is presumed from pretrial publicity when such publicity is sufficiently prejudicial and inflammatory and saturated the community where the trial was held. Coleman v. Kemp, 778 F. 2d 1487, 1490 (11th Cir.), cert. denied, 476 U.S. 1164, 106 S.Ct. 2289, 90 L.Ed.2d 730 (1986). “The presumed prejudice principle is ‘rare[ly]’ applicable, and is reserved for an ‘extreme situation.’ ” Id. at 1490 (quoting Nebraska Press Ass’n v. Stuart, 427 U.S. 539, 554, 96 S.Ct. 2791, 2800, 49 L.Ed.2d…

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• United States v. Garcia, 13 F.3d 1464 (11th Cir. 1994)
  …g. Jenkins v. Wainwright, 763 F. 2d 1390, 1392 (11th Cir.1985) (“This court has long recognized the particular importance of searching cross-examination of witnesses who have substantial incentive to cooperate with the prosecution.”), cert. denied, 476 U.S. 1164, 106 S.Ct. 2290, 90 L.Ed.2d 730 (1986). Full cross-examination by defense counsel is especially critical when the witness sought to be questioned is the chief government witness. Lankford, 955 F. 2d at 1548. The right to cross-examine, however, i…