Topic: unless the motion and the files and records of the case con… · Go Syfert
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Topic #1321

11 canonical passages across 7 cases, quoted by 202 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 James F. Shaw v. United States.

#Case FlagCanonical passage Citers
1 James F. Shaw v. United States Anchor
ca8 · 1994
green “unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief.” 40
2 United States v. Darwin G. Rice
ca8 · 2006
green “strategic choices made after thorough investigation of law and facts relevant to plausible options are virtually unchallengeable.” 28
3 James F. Shaw v. United States
ca8 · 1994
green “without an evidentiary hearing if the claim is inadequate on its face or if the record affirmatively refutes the factual assertions upon which it is based.” 26
4 James F. Shaw v. United States
ca8 · 1994
green “if the claim is inadequate on its face or if the record affirmatively refutes the factual assertions upon which it is based.” 22
5 John Alvin Payne v. United States
ca8 · 1996
green “when the facts alleged, if true, would entitle the petitioner to relief.” 22
6 United States v. James L. Mooring
ca8 · 2002
green “if the error is jurisdictional, the error may be raised on collateral review without being subjected to procedural default analysis.” 14
7 United States v. Darwin G. Rice
ca8 · 2006
green “strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance.” 14
8 United States v. Stacey L. Gomez
ca8 · 2003
green “the sentence was imposed in violation of the constitution or laws of the united states, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack, may move…” 13
9 Robert J. Anderson v. United States
ca8 · 1994
green “cause and prejudice exception does not apply to nonconstitutional or nonjurisdictional claims that could have been but were not raised on direct appeal.” 8
10 United States v. Stacey L. Gomez
ca8 · 2003
green “that the sentence was imposed in violation of the constitution or laws of the united states, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack, may…” 8
11 United States of America v. Pedro Sera
ca8 · 2001
green “below an objective standard of reasonableness.” 7

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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