Topic: appellate counsel's performance is deficient under strickla… · Go Syfert
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Topic #9891

4 canonical passages across 3 cases, quoted by 49 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 Daniel Makiel v. Kim Butler.

#Case FlagCanonical passage Citers
1 Daniel Makiel v. Kim Butler Anchor
ca7 · 2015
green “appellate counsel's performance is deficient under strickland only if she fails to argue an issue that is both 'obvious' and 'clearly stronger' than the issues actually raised.” 23
2 Daniel Makiel v. Kim Butler
ca7 · 2015
green “proving that an unraised claim is clearly stronger than a claim that was raised is generally difficult 'because the comparative strength of two claims is usually debatable.” 12
3 Arnold Winters v. Charles Miller, Superintendent
ca7 · 2001
green “only when appellate counsel fails to raise an issue that 'may have resulted in a reversal of the conviction, or an order for a new trial.” 9
4 Theodore Lee, Jr. v. Cecil Davis, Superintendent
ca7 · 2003
green “there must be a reasonable probability that the issue not raised would have altered the outcome of the appeal had it been raised.” 5

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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