Topic: a hearing on such allegations unless the motion and the fil… · Go Syfert
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Topic #11363

4 canonical passages across 4 cases, quoted by 33 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 Fontaine v. United States.

#Case FlagCanonical passage Citers
1 Fontaine v. United States Anchor
scotus · 1973
green “a hearing on such allegations unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief.” 11
2 Donavon Huff v. United States
ca6 · 2013
green “a decision not to hold an evidentiary hearing on a motion for relief under 28 u.s.c. 2255 is reviewed for abuse of discretion.” 11
3 Brian K. Hunter v. United States
ca6 · 1998
green “it has long been settled that a guilty plea is open to attack on the ground that counsel did not provide the defendant with reasonably competent advice.” 9
4 Robert Moss (99-1951 01-1797) and Ronald Kohn (01-1610) v. United States
ca6 · 2003
green “a failure to provide professional guidance to a defendant regarding his sentence exposure prior to a plea may constitute deficient assistance.” 2

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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