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Positive treatment
Quoted verbatim 5×
11.7 score
G Cite
cited 2× by 2 distinct cases, last quoted 1994 ·
…decisions which fall squarely within the ambit of trial strategy ... if reasonably made, will not constitute a basis for an ineffective assistance claim
⚠ not in text
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988
2007
2026
Top citers, strongest first. 39 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Seda v. Conway
it is common knowledge that defense counsel quite often waive openings as a simple matter of trial strategy.
examined
Cited as authority (quoted)
United States v. Shellef and Rubenstein
he fact that 9 . . . had no duty to report transactions . . . is not the 10 operative issue as to whether he agreed to unlawfully defraud the 11 united states by impairing and obstructing lawful 12 governmental function of collecting data. . . .
discussed
Cited as authority (quoted)
Nieves v. Kelly
counsel's decision not to call a witness, if supported by valid tactical considerations, does not constitute ineffective assistance of counsel.
discussed
Cited as authority (quoted)
United States v. Vegas
decisions which fall squarely within the ambit of trial strategy ... if reasonably made, will not constitute a basis for an ineffective assistance claim
discussed
Cited as authority (quoted)
United States v. Vegas
decisions which fall squarely within the ambit of trial strategy ... if reasonably made, will not constitute a basis for an ineffective assistance claim
cited
Cited "see"
Montgomery v. Wood
See United States v. Nersesian, 824 F.2d 1294, 1321 (2d Cir.), cert. denied, 484 U.S. 958 , 108 S.Ct. 357 , 98 L.Ed.2d 382 (1987); see also Minor v. Henderson, 754 F.Supp. 1010, 1018 (S.D.N.Y.1991).
discussed
Cited "see"
United States v. Shellef and Rubenstein
See United States v. Nersesian, 824 F.2d 1294, 1313 (2d Cir.), cert. denied, 484 U.S. 958 , 108 S.Ct. 357 , 98 L.Ed.2d 382 (1987) (“[T]he fact that [the defendant] ... had no duty to report [the] transactions ... is not the operative issue as to whether he agreed to unlawfully defraud the United States by impairing and obstructing [the IRS’s] lawful governmental function[] of collecting data....”).
discussed
Cited "see"
State v. Brooks, Unpublished Decision (9-25-2001)
See U.S. v. Leight (1987), 818 F.2d 1297 , certiorari denied, 484 U.S. 958 (concluding that evidence of mother's alleged abuse of her two older children was admissible in prosecution of mother for murder of youngest child to show absence of mistake or accident), and U.S. v. Woods (1973), 484 F.2d 127 , 133-135 , certiorari denied (1974), 415 U.S. 979 (concluding that when crime is child abuse, evidence of defendant's alleged abuse of other children admissible to prove that the acts alleged were not accidental).
discussed
Cited "see"
United States v. Rabadi
(2×)
See United States v. Nersesian, 824 F.2d 1294 (2d Cir.), cert. denied, 484 U.S. 958 , 108 S.Ct. 357 , 98 L.Ed.2d 382 (1987), cert. denied, 484 U.S. 1061 , 108 S.Ct. 1018 , 98 L.Ed.2d 983 (1988).
discussed
Cited "see"
State v. Ruiz
See United States v. height, 818 F.2d 1297, 1303 (7th Cir.) (citing numerous state and federal cases), cert. denied, 484 U.S. 958 , 108 S.Ct. 356 , 98 L.Ed.2d 381 (1987); State v. Robinson, 93 N.M. 340 , 600 P.2d 286 (Ct.App.) (prior injuries to the deceased child were admitted to prove absence of mistake or accident), cert. denied, 92 N.M. 532 , 591 P.2d 286 (1979), overruled on other grounds by Santillanes v. State, 115 N.M. 215 , 225 n. 7, 849 P.2d 358 , 368 n. 7 (1993); State v. Fuentes, 91 N.M. 554 , 577 P.2d 452 (Ct.App.) (same), cert. denied, 91 N.M. 610 , 577 P.2d 1256 (1978).
discussed
Cited "see"
United States v. Cortez C. Guyton
See United States v. Herrero, 893 F.2d 1512, 1527 (7th Cir.), cert. denied, 496 U.S. 927 , 110 S.Ct. 2623 , 110 L.Ed.2d 644 (1990); accord United States v. Shoffner, 826 F.2d 619, 628 (7th Cir.), cert. denied, 484 U.S. 958 , 108 S.Ct. 356 , 98 L.Ed.2d 381 (1987).
discussed
Cited "see"
United States v. Henry
See United States v. Nersesian, 824 F.2d 1294, 1304 (2d Cir.), cert. denied, 484 U.S. 958 , 108 S.Ct. 357 , 98 L.Ed.2d 382 (1987); United States v. Torres, 901 F.2d at 230 ; see also United States v. DiNome, 954 F.2d 839, 843 (2d Cir.) (typical “spillover” prejudice basis for severance is where “evidence admissible against only one defendant is prejudicial to all defendants”), cert. denied, — U.S. -, 113 S.Ct. 94 , 121 L.Ed.2d 56 (1992); United States v. Casamento, supra, 887 F.2d at 1153 ; United States v. Angelilli 660 F.2d 23, 37-38 (2d Cir.1981), cert. denied, 455 U.S. 910 , 102 …
cited
Cited "see"
United States v. Clark
See, - United States v. Nersesian, 824 F.2d 1294, 1316 (2d Cir.), cert. denied, 484 U.S. 958 , 108 S.Ct. 357 , 98 L.Ed.2d 382 (1987).
discussed
Cited "see"
United States v. Harold Green McKinnon United States of America v. Peggy Arlene Barnes
See United States v. Nersesian, 824 F.2d 1294, 1323 (2d Cir.) (1-2 month variation was immaterial), cert. denied, 484 U.S. 958 (1987); United States v. Laykin, 886 F.2d 1534, 1542 (9th Cir. 1989) (no prejudice from four month variance in conspiracy's starting date), cert. denied, 110 S.Ct. 2586 (1990). 33 H.Ineffectiveness of counsel. 34 McKinnon alleges that his trial counsel was ineffective.
cited
Cited "see"
State v. Aguayo
See United States v. Leight, 818 F.2d 1297 (7th Cir.), cert. denied, 484 U.S. 958 , 108 S.Ct. 356 , 98 L.Ed.2d 381 (1987).
discussed
Cited "see"
United States v. Rodriguez
We are unpersuaded. 67 Improper remarks during summation "must be examined within the context of the trial to determine whether the prosecutor's behavior amounted to prejudicial error." United States v. Young, 470 U.S. 1, 11 , 105 S.Ct. 1038, 1044 , 84 L.Ed.2d 1 (1985); see United States v. Nersesian, 824 F.2d 1294, 1327 (2d Cir.), cert. denied, 484 U.S. 958 , 108 S.Ct. 357 , 98 L.Ed.2d 382 (1987).
discussed
Cited "see"
United States v. Rodriguez
Improper remarks during summation “must be examined within the context of the trial to determine whether the prosecutor’s behavior amounted to prejudicial error.” United States v. Young, 470 U.S. 1, 11 , 105 S.Ct. 1038, 1044 , 84 L.Ed.2d 1 (1985); see United States v. Nersesian, 824 F.2d 1294, 1327 (2d Cir.), cert. denied, 484 U.S. 958 , 108 S.Ct. 357 , 98 L.Ed.2d 382 (1987).
discussed
Cited "see"
Solomon v. Commissioner of Correctional Services
See United States v. Nersesian, 824 F.2d 1294, 1321 (2d Cir.) (“decision whether to call any witnesses ... is a tactical decision of the sort engaged in by defense attorneys in almost every trial”), cert. denied, 484 U.S. 958 , 108 S.Ct. 357 , 98 L.Ed.2d 382 (1987). 6 5.
discussed
Cited "see"
United States v. Norman J. Tannenbaum
See United States v. Nersesian, 824 F.2d 1294, 1312 (2d Cir.), cert. denied, 484 U.S. 958 , 108 S.Ct. 357 , 98 L.Ed.2d 382 (1987) (liability under § 2(b) for willfully causing another to fail to disclose a material fact as obligated by § 1001); United States v. Heyman, 794 F.2d 788, 791 (2d Cir.), cert. denied, 479 U.S. 989 , 107 S.Ct. 585 , 93 L.Ed.2d 587 (1986) (liability under § 2(b) for willfully causing another to fail to file a CTR as obligated by § 5313).
discussed
Cited "see"
United States v. Paul A. Bilzerian
(2×)
See United States v. Nersesian, 824 F.2d 1294, 1313 (2d Cir.), cert. denied, 484 U.S. 958 , 108 S.Ct. 357 , 98 L.Ed.2d 382 (1987).
examined
Cited "see"
State v. Ybarra
(4×)
See State v. Hensel, 106 N.M. 8 , 738 P.2d 126 (Ct. App.) (trial court will be affirmed on appeal if right for any reason), cert. denied, 105 N.M. 720 , 737 P.2d 79 , cert. denied, 484 U.S. 958 , 108 S.Ct. 358 , 98 L.Ed.2d 383 (1987).
discussed
Cited "see"
United States v. Gambino
See United States v. Nersesian, 824 F.2d 1294, 1319-20 (2d Cir.), cert. denied, 484 U.S. 958 , 108 S.Ct. 357 , 98 L.Ed.2d 382 (1987); United States v. Slocum, 695 F.2d 650, 656 (2d Cir.1982), cert. denied, 460 U.S. 1015 , 103 S.Ct. 1260 , 75 L.Ed.2d 487 (1983).
cited
Cited "see"
United States v. 316 Units of Municipal Securities in the Name of Efrain Gonzalez
See United States v. Nersesian, 824 F.2d 1294, 1314 (2d Cir.), cert. denied, 484 U.S. 958 , 108 S.Ct. 357 , 98 L.Ed.2d 382 (1987).
discussed
Cited "see"
United States v. Mang Sun Wong, Chi Hong Lam and Hang Fang Ko, Mang Sun Wong
(2×)
See United States v. Nersesian, 824 F.2d 1294, 1308 (2d Cir.), cert. denied, 484 U.S. 958 , 108 S.Ct. 357 , 98 L.Ed.2d 382 (1987).
discussed
Cited "see, e.g."
United States v. Noorzai
This is especially true “where the petitioner has failed to identify any specific evidence or testimony that would have helped his case if presented at trial.” Jones v. Hollins, 884 F.Supp. 758, 766 (W.D.N.Y.1995), aff'd, 89 F.3d 826 (2d Cir.1995); see also United States v. Nersesian, 824 F.2d 1294, 1321 (2d Cir.), cert. denied, 484 U.S. 958 , 108 S.Ct. 357 , 98 L.Ed.2d 382 (1987).
discussed
Cited "see, e.g."
Gibbs v. Donnelly
Thus, Gibbs must demonstrate both (1) that his attorney’s performance “fell below an objective standard of reasonableness,” id. at 688, 104 S.Ct. 2052 , and (2) that “there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different,” id. at 694 , 104 S.Ct. 2052 . *138 As the Appellate Division observed, an “attorney’s strategic choices made after thorough investigation of law and facts relevant to plausible options are virtually unchallengeable; and strategic choices made after less than complete investigati…
discussed
Cited "see, e.g."
United States v. Mullen
See Casamento, supra, at 1149-150 ; see also United States v. Nersesian, 824 F.2d 1294, 1303 (2d Cir.1987) (it is not sufficient to show a likelihood that a separate trial would benefit a defendant, rather, the prejudice shown must be so substantial as to amount to a “miscarriage of justice”), cert. denied, 484 U.S. 958 , 108 S.Ct. 357 , 98 L.Ed.2d 382 (1987).
discussed
Cited "see, e.g."
State v. Hernandez
(2×)
See, e.g., United States v. Leight, 818 F.2d 1297, 1302 (7th Cir.), cert. denied, 484 U.S. 958 , 108 S.Ct. 356 , 98 L.Ed.2d 381 (1987); United States v. Weber, 818 F.2d 14, 15 (8th Cir.1987); United States v. Vaccaro, 816 F.2d 443, 452 (9th Cir.1987).
discussed
Cited "see, e.g."
Boyd v. Hawk
See, e.g., United States v. Nersesixm, 824 F.2d 1294, 1321 (2d Cir.) (“[T]he decision whether to make an opening statement and when to make it is ordinarily a matter of trial tactics and strategy which will not constitute the incompetence basis for a claim of ineffective assistance of counsel____ By waiving opening argument the defense did not commit itself to a particular position and was thus free to develop any defense that might materialize as the prosecution presented its case.”), cert. denied, 484 U.S. 958 , 108 S.Ct. 357 , 98 L.Ed.2d 382 (1987); United States v. Salovitz, 701 F.2d 1…
discussed
Cited "see, e.g."
United States v. Restrepo
See, e.g., United States v. Thompson, 29 F.3d 62, 65 (2d Cir.1994); Scopo, 19 F.3d at 782 (rejecting “usual police practices” test, which considers whether the violation is of the type normally acted on by officers, in favor of “authorization” test, which considers whether there was a valid basis for the arrest); United States v. Ferguson, 8 F.3d 385, 392 (6th Cir.1993) (“[T]raffic stops based on probable cause, even if other motivations existed, are not illegal.”), cert. denied, — U.S. -, 115 S.Ct. 97 , 130 L.Ed.2d 47 (1994); see also United States v. Nersesian, 824 F.2d 1294, 1…
discussed
Cited "see, e.g."
United States v. Ivan Lamont Sleet
“Although the fourth amendment requires that a search warrant describe the objects of'the search with reasonable specificity, it need not be elaborately detailed.” United States v. Somers, 950 F.2d 1279, 1285 (7th Cir.1991), cert. denied, 504 U.S. 917 , 112 S.Ct. 1959 , 118 L.Ed.2d 561 (1992); see also United States v. Shoffner, 826 F.2d 619, 630 (7th Cir.), cert. denied, 484 U.S. 958 , 108 S.Ct. 356 , 98 L.Ed.2d 381 (1987).
discussed
Cited "see, e.g."
Pitre v. United States
See also United States v. Nersesian, 824 F.2d 1294, 1321 (2d Cir.), cert. denied, 484 U.S. 958 , 108 S.Ct. 357 , 98 L.Ed.2d 382 (1987); Cuevas v. Henderson, 801 F.2d 586, 590 (2d Cir.1986), cert. denied, 480 U.S. 908 , 107 S.Ct. 1354 , 94 L.Ed.2d 524 (1987).
discussed
Cited "see, e.g."
United States v. Roosevelt Winfield, A/K/A Jihad A. Muhammed, United States of America v. Luvenia H. Winfield
In addition, to be convicted of conspiring to structure transactions to avoid the CTR requirements, a party must have “knowledge of the reporting requirements and act[ ] to avoid them.” United States v. Wollman, 945 F.2d 79, 81 (4th Cir.1991) (quotation omitted); see also United States v. Nersesian, 824 F.2d 1294, 1314 (2d Cir.), cert. denied, 484 U.S. 958 , 108 S.Ct. 357 , 98 L.Ed.2d 382 (1987).
cited
Cited "see, e.g."
DeArmas v. New York
See also United States v. Nersesian, 824 F.2d 1294, 1321 (2d Cir.), cert. denied, 484 U.S. 958 , 108 S.Ct. 357 , 98 L.Ed.2d 382 (1987); Mitchell v. Scully, 746 F.2d at 954 .
discussed
Cited "see, e.g."
United States v. Thomas York
Berger, Weinstein’s Evidence, § 404[12], at 404-84 (1990); see, e.g., United States v. Leight, 818 F.2d 1297, 1303 (7th Cir.), cert. denied, 484 U.S. 958 , 108 S.Ct. 356 , 98 L.Ed.2d 381 (1987); United States v. Tuchow, 768 F.2d 855, 862 (7th Cir.1985); United States v. Chaimson, 760 F.2d 798, 806 (7th Cir.1985).
discussed
Cited "see, e.g."
Jonathan Bradley v. Larry Meachum, Commissioner of Corrections
See Floyd v. Meachum, 907 F.2d 347, 353-55 (2d Cir.1990); United States v. Modica, 663 F.2d 1173, 1178-81 (2d Cir.1981) (per curiam), cert. denied, 456 U.S. 989 , 102 S.Ct. 2269 , 73 L.Ed.2d 1284 (1982); see also United States v. Nersesian, 824 F.2d 1294, 1328 (2d Cir.), cert. denied, 484 U.S. 958 , 108 S.Ct. 357 , 98 L.Ed.2d 382 (1987).
discussed
Cited "see, e.g."
United States v. Edwin P. Aguirre
Id. at 690-91 , 104 S.Ct. at 2066 (emphasis added); see also United States v. Nersesian, 824 F.2d 1294, 1321 (2d Cir.), cert. denied, 484 U.S. 958 , 108 S.Ct. 357 , 98 L.Ed.2d 382 (1987); Cuevas v. Henderson, 801 F.2d 586, 590 (2d Cir.1986) (lack of success of a chosen strategy does not warrant judicial second-guessing), cert. denied, 480 U.S. 908 , 107 S.Ct. 1354 , 94 L.Ed.2d 524 (1987).
discussed
Cited "see, e.g."
United States v. Brown
See also United States v. Nersesian, 824 F.2d 1294, 1303 (2d Cir.), cert. denied, 484 U.S. 958 , 108 S.Ct. 357 , 98 L.Ed.2d 382 (1987) (burden of showing substantial prejudice amounting to a miscarriage of justice). “ ‘ “[Differing levels of culpability and proof are inevitable in any multiple defendant trial and, standing alone, are insufficient grounds for separate trials.” ’ ” United States v. Torres, 901 F.2d 205, 230 (2d Cir.1990) (quoting United States v. Chang An-Lo, supra, 851 F.2d at 557 (quoting United States v. Carson, 702 F.2d 351, 366-67 (2d Cir.), cert. denied, 462 U.…
discussed
Cited "see, e.g."
United States v. Victor Teicher & Co., LP
See also United States v. Neresian, 824 F.2d 1294, 1302 (2d Cir.1987) (“ ‘the issue of single versus multiple conspiracies is one which is committed to the province of a properly instructed jury’ ”) (citations omitted), ce rt. denied, 484 U.S. 958 , 108 S.Ct. 357 , 98 L.Ed.2d 382 (1987).
Retrieving the full opinion text from the archive…
Leight
v.
United States
v.
United States
No. 87-5636.
Supreme Court of the United States.
Nov 16, 1987.
Published
C. A. 7th Cir. Certiorari denied.