Topic: not in hindsight, but based on what the lawyer knew, or sho… · Go Syfert
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Topic #3585

6 canonical passages across 4 cases, quoted by 89 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 United States v. Efraim Natanel A/K/A Efriam Natanel.

#Case FlagCanonical passage Citers
1 United States v. Efraim Natanel A/K/A Efriam Natanel Anchor
ca1 · 1991
green “not in hindsight, but based on what the lawyer knew, or should have known, at the time his tactical choices were made and implemented.” 27
2 David v. United States
ca1 · 1998
green “the statute provides for post-conviction relief in four instances, namely, if the petitioner's sentence (1) was imposed in violation of the constitution, or (2) was imposed by a court that lacked jurisdiction, or (3) exceeded the statutory maximum, or (4) was otherwise subject t…” 22
3 Bucci v. United States
ca1 · 2011
green “collateral relief in a 2255 proceeding is generally unavailable if the petitioner has procedurally defaulted his claim by failing to raise the claim in a timely manner at trial or on direct appeal.” 17
4 Moreno-Espada v. United States
ca1 · 2012
green “a defendant's failure to satisfy one prong of the strickland analysis obviates the need for a court to consider the remaining prong.” 9
5 David v. United States
ca1 · 1998
green “(1) was imposed in violation of the constitution, or (2) was imposed by a court that lacked jurisdiction, or (3) exceeded the statutory maximum, or (4) was otherwise subject to collateral attack.” 7
6 Moreno-Espada v. United States
ca1 · 2012
green “must be a 'fairly tolerant' one because 'the constitution pledges to an accused an effective defense, not necessarily a perfect defense or successful defense.” 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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