Topic: unless a petitioner makes both showings, it cannot be said … · Go Syfert
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Topic #17072

4 canonical passages across 4 cases, quoted by 24 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 Fair v. Warden.

#Case FlagCanonical passage Citers
1 Fair v. Warden Anchor
conn · 1989
green “unless a petitioner makes both showings, it cannot be said that the conviction . . . resulted from a breakdown in the adversary process that renders the result unreliable.” 10
2 Payne v. Robinson
conn · 1988
green “habeas review of constitutional claims never raised in the trial court, in violation of the rules of practice, would thrust too great a burden on the criminal justice system.” 6
3 Simms v. Warden, State Prison
conn · 1994
green “that the issues are debatable by jurists of reason; that a court could resolve the issues in a different manner; or that the questions deserve encouragement to proceed further.” 4
4 Franko v. Bronson
connappct · 1989
green “if the court finds any of the legal points arguable on their merits (and therefore not frivolous) the court must, prior to decision, afford the indigent the assistance of counsel to argue the appeal.” 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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