ROBINSON

v.

DELAWARE ET AL.

Citator

Cited By

• United States v. D.G. Seago, Jr., 930 F.2d 482 (6th Cir. 1991)
  …for new trial rests within the district court’s sound discretion. We will not reverse the district court’s ruling on a motion for new trial absent a clear abuse of discretion. United States v. O’Dell, 805 F. 2d 637, 640 (6th Cir.1986), cert. denied, 484 U.S. 859, 108 S.Ct. 170, 98 L.Ed.2d 124 (1987). Motions for a new trial based on newly discovered evidence should be granted with caution. Id. (“Motions for a new trial are disfavored....”); C. Wright, FEDERAL PRACTICE AND PROCEDURE § 557 at 315 (1982) (“No…
• United States v. Paul Lochmondy (88-2049), 890 F.2d 817 (6th Cir. 1989)
  …misconduct or denial of due process, the defendants must show (1) the statement was actually false; (2) the statement was material; and (3) the prosecution knew it was false. United States v. O’Dell, 805 F. 2d 637, 641 (6th Cir.1986), cert. denied, 484 U.S. 859, 108 S.Ct. 170, 98 L.Ed.2d 124 (1987). The burden is on the defendants to show that the testimony was actually perjured, and mere inconsistencies in testimony by government witnesses do not establish knowing use of false testimony. United States v.…
• Floyd v. Meachum, 907 F.2d 347 (2d Cir. 1990)
  …The Connecticut Supreme Court denied certification to review the Appellate Court's decision, State v. Floyd, 203 Conn. 809, 525 A. 2d 523 (1987), and the United States Supreme Court denied a petition for a writ of certiorari. Floyd v. Connecticut, 484 U.S. 859, 108 S.Ct. 172, 98 L.Ed.2d 126 (1987). Thereafter, appellant sought habe-as relief under 28 U.S.C. § 2254 in the district court. Both Floyd and the State filed cross-motions for summary judgment. In October 1989, the district court granted the State…