Is there any cognizable prejudice against a possible witness or a potential witness?

MultiRegion, United States of America

The following excerpt is from Burleson v. Cambra, 30 F.3d 139 (9th Cir. 1994):

As for the possible witness, there is no cognizable prejudice because protection from lost testimony falls solely to the statute of limitations. Id. His claim that he might have received concurrent time for his robbery sentence is "too speculative to establish actual prejudice." United States v. Sherlock, 962 F.2d 1349, 1354 (9th Cir.1989).

II. Admission of Priors.

In Adams v. Peterson, 968 F.2d 835 (9th Cir.1992) (en banc), we held that stipulations are not de facto guilty pleas. They must, however, be made knowingly and voluntarily. Id. at 843. Burleson argues that the admission of his prior robbery and murder convictions was not knowing and voluntary because the trial judge misled him about the consequences of his admission.

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