green
Positive treatment
Quoted verbatim 2×
6.9 score
“misinformation from a defendant's attorney, such as an incorrect estimate of 1135 the offense severity rating, standing alone, does not constitute ineffective assistance of counsel”
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994
2010
2026
Top citers, strongest first. 11 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
United States v. Marcos-Quiroga
misinformation from a defendant's attorney, such as an incorrect estimate of 1135 the offense severity rating, standing alone, does not constitute ineffective assistance of counsel
discussed
Cited as authority (quoted)
Joe Alfred Thomas, Jr. v. United States
misinformation from a defendant's attorney, such as an incorrect estimate of the offense severity rating, standing alone, does not constitute ineffective assistance of counsel
discussed
Cited "see"
Anthony C. Ramos v. Shirley A. Rogers, Warden
(2×)
See Barker v. United States, 7 F.3d 629, 633 (7th Cir.1993), cert. denied, 510 U.S. 1099 , 114 S.Ct. 939 , 127 L.Ed.2d 229 (1994) (the trial court's "thorough examination at the hearing, taking careful and appropriate measures to dispel any confusion on [the defendant's] part before the plea was accepted," cured any claim that the defendant was prejudiced by erroneous "advice from [the defendant's] trial attorney [that allegedly] led to his misunderstanding of the consequences of his guilty plea"); Ventura v. Meachum, 957 F.2d 1048, 1058 (2nd Cir.1992) (the trial court's "clear and thorough pl…
cited
Cited "see"
Unger v. United States
See Barker v. United States, 7 F.3d 629, 633 (7th Cir.1993), cert. denied, 510 U.S. 1099 , 114 S.Ct. 939 , 127 L.Ed.2d 229 (1994).
discussed
Cited "see"
Hardy Rivera v. United States
See Barker v. United States, 7 F.3d 629 , 633 n. 3 (7th Cir.1992), cert. denied, 114 S.Ct. 939 (1994) (noting that a district court may deny a section 2255 motion without a hearing if the defendant's allegations are "mere conclusions or inherently unreliable") (quoting United States v. Trussel, 961 F.2d 685, 689 (7th Cir.1992)). 26 Moreover, withdrawing from a conspiracy takes some effort.
discussed
Cited "see"
Tommy Dale Underwood v. United States
See Barker v. United States, 7 F.3d 629, 632 (7th Cir.1993) (issues not raised on direct appeal are waived unless the defendant establishes cause for the procedural default and prejudice from the failure to appeal), cert. denied, 114 S.Ct. 939 (1994). 6 To establish ineffective assistance of counsel, Underwood must demonstrate that counsel's performance was deficient and that this deficient performance prejudiced the defense.
discussed
Cited "see"
United States v. Shanta A. Howell, and George T. Howell, III
(2×)
also: Cited "see, e.g."
See United States v. Billue, 994 F.2d 1562 , 1569 n. 6 (11th Cir.1993), cert. denied,U.S.-, 114 S.Ct. 939 , 127 L.Ed.2d 230 (1994). 11 .
cited
Cited "see, e.g."
State v. Auringer
See, e.g., United States v. Billue, 994 F.2d 1562, 1568 (11th Cir.1993), cert. denied, 510 U.S. 1099 , 114 S.Ct. 939 , 127 L.Ed.2d 230 (1994).
discussed
Cited "see, e.g."
Correa v. United States
Consequently, a defendant who has failed to raise a claim on direct appeal cannot raise it in a section 2255 petition unless he can establish both good cause for the failure to appeal the issue and actual prejudice resulting from the error of which he complains, for a constitutional claim, United States v. Frady, 456 U.S. 152, 167 , 102 S.Ct. 1584, 1594 , 71 L.Ed.2d 816 (1982); see also Barker v. United States, 7 F.3d 629, 632 (7th Cir.1993), cert. denied, 510 U.S. 1099 , 114 S.Ct. 939 , 127 L.Ed.2d 229 (1994), or that the alleged error constituted a “fundamental defect” that “inherently…
discussed
Cited "see, e.g."
Rodney Dawson v. United States
See, e.g., Barker v. United States, 7 F.3d 629, 632 (7th Cir.1993), certiorari denied, — U.S. -, 114 S.Ct. 939 , 127 L.Ed.2d 229 ; Norris v. United States, 687 F.2d 899, 903-904 (7th Cir.1982). 3 The district court correctly noted that the burden was on the defendant to show good cause and prejudice, but found that defendant “made no attempt whatsoever to show either.” [Order dated May 11, 1995, p. 4], However, the court allowed the habeas motion to be considered only by concluding that implicit in defendant’s double jeopardy argument is the fact that one of the main premises of his ar…
discussed
Cited "see, e.g."
John Doe v. United States
See Bischel, 32 F.3d at 264 ; see also Barker v. United States, 7 F.3d 629 , 633 n. 3 (7th Cir.1993) (observing that “[n]o hearing is necessary if the allegations are mere conclusions or are inherently unreliable”) (quotations and citations omitted), cert. denied, — U.S. -, 114 S.Ct. 939 , 127 L.Ed.2d 229 (1994).
Retrieving the full opinion text from the archive…
Barber
v.
Green
v.
Green
93-7129.
Supreme Court of the United States.
Jan 24, 1994.
Published
Citer courts: Eighth Circuit (1) · N.D. Iowa (1)
Barber
v.
Green et al.
No. 93-7129.
Supreme Court of United States.
January 24, 1994.
1
Appeal from the C. A. 11th Cir.
2
Certiorari denied.