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eBook details

• Title: Mcmillan v. Barksdale
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 21, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

MERRITT, Circuit Judge. Clark McMillan raises one issue in appealing the District Courts disposition of his habeas corpus claim. He states the single issue as follows: "Whether the Honorable District Court Judge erred in failing to hold an evidentiary hearing." Mr. McMillan asserts that the District Court should have independently reviewed two factual issues: (1) whether the line-up at which he was identified was unnecessarily suggestive, and (2) whether this line-up was for an "unrelated charge." The State argues in response that Mr. McMillans appeal should be dismissed in its entirety for failure to file a timely notice of appeal, or in the alternative, that the District Court was not required to hold an evidentiary hearing under the circumstances of this case. We hold that Mr. McMillan provided a sufficient notice of appeal, but that the District Court did not err in refusing to hold an evidentiary hearing.

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