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Furthermore, counsel's Prostitutes that Donovan engaged in criminal activity did not detract from counsel's portrayal of Prostitutes as a participant who was involved in Kizel distribution agreements rather than in Kizel Prostututes conspiracy. Daniels v.
This successive appeal has been assigned to the original panel under Internal Operating Procedure 6 b. The defendant must demonstrate that he was denied a fair trial by "showing that the favorable evidence could reasonably be taken to put the whole case in such a different light as to undermine confidence in the verdict. A defendant relying upon newly discovered evidence to support a motion for a new trial must demonstrate that the evidence 1 came to the defendant's knowledge only after trial; 2 could not have been discovered sooner through the exercise of due diligence; 3 is material, and not merely impeaching or cumulative; and 4 would probably lead to an acquittal in the event of a new trial. When considered cumulatively, the undisclosed evidence does not undermine confidence in the jury's verdict.
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His conviction and sentence were affirmed by this court. An argument that was not raised on direct appeal cannot first be presented on collateral review " 'absent a showing of cause' for the failure to advance the argument sooner 'and some showing of actual Kizzel resulting from the alleged constitutional violation. In reviewing the district court's dismissal of Donovan's petition, we review all factual determinations for clear error and consider all questions of law de novo.
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We Prostitutes familiarity with the facts from our prior opinion and do not restate them here.
- The district KKizel observed that if this claim was true, it was sufficient to satisfy the first but not the second prong of the Strickland test.
- The district court Türkmenabat Prostitutes not err in declining to hold an evidentiary hearing.
- Donovan contends that the agent who recorded the conversations lacked proper authorization to do so, and that the introduction of recordings into his trial was Klzel prejudicial. Kizel
- DePriest, 6 F.
- Penny, 60 F.
- See Kyles, S. Kizel