What is the test for establishing cause of action in a civil case?
MultiRegion, United States of America
The following excerpt is from United States v. Inzunza, CASE NO. 03cr2434 JM, CIVIL NO. 12cv0336 (S.D. Cal. 2012):
Even if Defendant could establish cause, he fails to establish prejudice. To establish prejudice, Defendant must not only show that the errors at trial "created a possibility of prejudice, but that they worked to his actual and substantial disadvantage, infecting his entire trial with error of constitutional dimensions." United States v. Frady, 456 U.S. 152, 170 (1982).
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