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United States review and reopening

Kemp v United States

596 U.S. 528 (2022)
JurisdictionUnited States
CourtUS Supreme Court
Year2022
StatusBinding authority

Summary

A district court's legal error qualifies as 'mistake' under Federal Rule of Civil Procedure 60(b)(1), permitting relief from judgment in habeas proceedings.

Key Principle

Rule 60(b); legal error by judge qualifies as 'mistake' under Rule 60(b)(1); habeas context

Area of Law

criminal

Related Cases

Pell v The Queen (2020) 268 CLR 123

Appellate court must itself assess whether jury verdict was unreasonable where unchallenged opportunity evidence raised reasonable doubt as to guilt.

Smethurst v Commissioner of Police (2020) 272 CLR 177

Search warrant executed at journalist's home held invalid for technical defects; High Court considered scope of implied freedom of political communication but declined to quash the warrant on that basis.

De Silva v The Queen (2019) 268 CLR 57

The High Court considered the Browne v Dunn rule and the appropriate jury directions when a party fails to cross-examine a witness on a matter it intends to contradict.

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