Topic: contrary to, or involved an unreasonable application of, cl… · Go Syfert
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Topic #7815

7 canonical passages across 5 cases, quoted by 46 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 Jose Rodriguez v. David Miller, Superintendent, Eastern Correctional Facility.

#Case FlagCanonical passage Citers
1 Jose Rodriguez v. David Miller, Superintendent, Eastern Correctional Facility Anchor
ca2 · 2006
green “contrary to, or involved an unreasonable application of, clearly established federal law, as determined by the supreme court of the united states” 11
2 Bennett v. United States
ca2 · 2011
green “must be rejected if the defendant fails to meet either the performance prong or the prejudice prong.” 8
3 Puglisi v. United States
ca2 · 2009
green “a district court need not assume the credibility of factual assertions . . . where the assertions are contradicted by the record in the underlying proceeding.” 7
4 Puglisi v. United States
ca2 · 2009
green “a district court need not assume the credibility of factual assertions, as it would in civil cases, where the assertions are contradicted by the record in the underlying proceeding.” 6
5 United States v. Hoskins
ca2 · 2018
green “pursuant to 2255, a federal prisoner may move to vacate, set aside, or correct his sentence or conviction on four grounds: (1) 'that the sentence was imposed in violation of the constitution or laws of the united states, or (2) that the court was without jurisdiction to impose …” 6
6 Fermin v. United States
nysd · 2012
green “for the purposes of 2255, the term 'sentence' refers to both the prisoner's sentence and underlying conviction.” 5
7 Bennett v. United States
ca2 · 2011
green “the strickland standard is 'highly demanding,' and 'rigorous,' and "must be rejected if the defendant fails to meet either the performance prong or the prejudice prong.” 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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