Topic: there is material prejudice to the substantial rights of an… · Go Syfert
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Topic #4257

7 canonical passages across 4 cases, quoted by 77 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. Wheelus.

#Case FlagCanonical passage Citers
1 United States v. Wheelus Anchor
armfor · 1998
green “there is material prejudice to the substantial rights of an appellant if there is an error and the appellant 'makes some colorable showing of possible prejudice.” 18
2 United States v. Wheelus
armfor · 1998
green “some colorable showing of possible prejudice.” 16
3 United States v. Wheelus
armfor · 1998
green “some colorable showing of possible prejudice” 15
4 United States v. Tippit
armfor · 2007
green “must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance.” 13
5 United States v. Capers
armfor · 2005
green “might have done to structure an alternative form of clemency.” 7
6 United States v. Scott
cma · 1987
green “by virtue of article 27, ucmj, 10 u.s.c. 827 , as well as the sixth amendment of the constitution, a military accused is guaranteed the effective assistance of counsel.” 5
7 United States v. Capers
armfor · 2005
green “an adequate description of what a properly advised convening authority might have done to structure an alternative form of clemency.” 3

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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