Topic: because a petitioner's failure to show either deficient per… · Go Syfert
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Topic #11717

5 canonical passages across 5 cases, quoted by 32 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 Kokal v. Secretary, Department of Corrections.

#Case FlagCanonical passage Citers
1 Kokal v. Secretary, Department of Corrections Anchor
ca11 · 2010
green “because a petitioner's failure to show either deficient performance or prejudice is fatal to a strickland claim, a court need not address both strickland prongs if the petitioner fails to satisfy either of them.” 10
2 Antonio Diaz v. United States
ca11 · 1991
green “given appellant's awareness of the plea offer, his after the fact testimony concerning his desire to plead, without more, is insufficient to establish that but for counsel's alleged advice or inaction, he would have accepted the plea offer.” 7
3 Hernandez v. United States
ca11 · 2015
green “allege facts that would prove both that his counsel performed deficiently and that he was prejudiced by his counsel's deficient performance.” 7
4 Christopher Barbour v. Michael Haley
ca11 · 2006
green “counsel must be appointed for an indigent federal habeas petitioner only when the interest of justice or due process so require.” 4
5 Francis Jarad Schultz v. Louie L. Wainwright and Jim Smith
ca11 · 1983
green “counsel must be appointed for an indigent federal habeas petitioner only when the interest of justice or due process so require.” 4

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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