Topic: claiming the right to be released upon the ground that the … · Go Syfert
← All topics

Topic #6660

6 canonical passages across 5 cases, quoted by 53 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 Jeffery Harris v. United States.

#Case FlagCanonical passage Citers
1 Jeffery Harris v. United States Anchor
ca7 · 2004
green “claiming the right to be released upon the ground that the sentence was imposed in violation of the constitution or laws of the united states . . . may move the court which imposed the sentence to vacate, set aside or correct the sentence.” 22
2 Koons v. United States
ca7 · 2011
green “the question is whether an attorney's representation amounted to incompetence under prevailing professional norms, not whether it deviated from best practices or most common custom.” 7
3 Carletos E. Hardamon v. United States
ca7 · 2003
green “maintains a strong presumption that the defendant received effective assistance,” 7
4 United States v. Recendiz
ca7 · 2009
green “inherent in this right is that the defendant is entitled to the effective assistance of counsel.” 7
5 United States v. Recendiz
ca7 · 2009
green “reasonable probability that, but for the ineffective assistance, the result of the proceedings would have been different.” 6
6 Torzala v. United States
ca7 · 2008
green “only be raised in a 2255 proceeding if the defendant demonstrates that he is actually innocent, or that there is cause and actual prejudice.” 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.

← Caselaw search · Hot / Trending / Newly red · Brief Check