Topic: the burden of rebutting the presumption of correctness by c… · Go Syfert
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Topic #22656

3 canonical passages across 3 cases, quoted by 18 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 Arnold Lynn v. Dennis Bliden, First Deputy Supt..

#Case FlagCanonical passage Citers
1 Arnold Lynn v. Dennis Bliden, First Deputy Supt. Anchor
ca1 · 2006
green “the burden of rebutting the presumption of correctness by clear and convincing evidence.” 7
2 Dwayne Henry v. Thomas Poole, Superintendent Five Points Correctional Facility and Eliot L. Spitzer, Attorney General of New York
ca2 · 2005
green “the court must make 'every effort . . . to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel's challenged conduct, and to evaluate the conduct from counsel's perspective at the time,' and 'must indulge a strong presumption that counsel's …” 6
3 Parks v. Sheahan
nyed · 2015
green “the failure of a lawyer to invoke meritless objections cannot constitute constitutionally deficient performance.” 5

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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