Topic: it is petitioner's burden to 'establish that counsel prefor… · Go Syfert
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Topic #7550

6 canonical passages across 5 cases, quoted by 47 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 William Emmett Lecroy, Jr. v. United States.

#Case FlagCanonical passage Citers
1 William Emmett Lecroy, Jr. v. United States Anchor
ca11 · 2014
green “it is petitioner's burden to 'establish that counsel preformed outside the wide range of reasonable professional assistance' by making 'errors so serious that counsel failed to function as the kind of counsel guaranteed by the sixth amendment.” 11
2 Holly Butcher v. United States
ca11 · 2004
green “showing prejudice requires petitioner to establish a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.” 9
3 Diane Demar v. United States
ca11 · 2007
green “the burden of persuasion is on a section 2255 petitioner to prove, by a preponderance of the competent evidence, both that counsel's performance was unreasonable, and that he was prejudiced by that performance.” 7
4 William Emmett Lecroy, Jr. v. United States
ca11 · 2014
green “in evaluating performance, 'counsel is strongly presumed to have rendered adequate assistance and made all significant decisions in the exercise of reasonable professional judgment.” 7
5 Donald Duhart v. United States
ca11 · 2014
green “if a petitioner cannot satisfy one prong, a court need not review the other prong.” 7
6 Willie D. Armstead v. Wayne Scott, Director, Texas Department of Criminal Justice, Institutional Division
ca5 · 1994
green “there is a reasonable probability that but for the attorney's unprofessional errors, the result of the proceeding would have been different.” 6

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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