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When Is An Error Not An "Error"? Habeas Corpus And Cumulative Error Analysis, Rachel A. Van Cleave Jan 1994

When Is An Error Not An "Error"? Habeas Corpus And Cumulative Error Analysis, Rachel A. Van Cleave

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This article first addresses the question of whether courts should consider cumulative error analysis in habeas corpus cases, or whether the Eighth Circuit Court of Appeals is correct that each error must stand on its own. After concluding that cumulative error analysis should be a cognizable issue in habeas corpus petitions, the question of whether courts should employ a different standard for habeas petitions alleging cumulative error is addressed. Emphasis is placed on the Fifth Circuit case, Derden v. McNee and. that court's rationale for imposing limitations on habeas corpus petitions alleging cumulative error. The Fifth Circuit's four-prong test for …


State V. Mchugh: The Louisiana Supreme Court Upholds Gaming Checks, Anthony S. Niedwiecki Jan 1994

State V. Mchugh: The Louisiana Supreme Court Upholds Gaming Checks, Anthony S. Niedwiecki

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No abstract provided.