Topic: to prevail on a 2255 motion, the petitioner must demonstra… · Go Syfert
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Topic #10707

7 canonical passages across 7 cases, quoted by 48 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Kermit Oris Bear Stops v. United States.

#Case FlagCanonical passage Citers
1 Kermit Oris Bear Stops v. United States Anchor
ca8 · 2003
green “to prevail on a 2255 motion, the petitioner must demonstrate a violation of the constitution or the laws of the united states.” 8
2 Don William Davis v. Larry Norris, Director, Arkansas Department of Correction
ca8 · 2005
green “to satisfy this prong the movant must overcome the strong presumption that his counsel's conduct fell within the wide range of reasonable professional assistance.” 8
3 United States v. Darius M. Moss
ca8 · 2001
green “the supreme court recognized in bousley that 'a claim that "is so novel that its legal basis is not reasonably available to counsel” 7
4 Stanley Boysiewick v. Dora Schriro
ca8 · 1999
green “do not ... need to address the performance prong if petitioner does not affirmatively prove prejudice.” 7
5 United States v. Larry D. Hughes
ca8 · 2003
green “when claims of ineffective assistance of trial counsel are asserted on direct appeal, we ordinarily defer them to 28 u.s.c. 2255 proceedings.” 6
6 United States v. Corey Hilliard
ca8 · 2004
green “we review the district court's decision to grant or deny relief on a petitioner's ineffective assistance of counsel claim de novo.” 6
7 United States v. Juan Gerardo Hernandez, Also Known as Chapin
ca8 · 2006
green “any underlying fact-findings are reviewed for clear error.” 6

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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