34 Cited authorities

McQuiggin v. Perkins
569 U.S. 383 (2013) Cited 7,496 times 1 Legal Analyses
Holding that evidence of actual innocence may serve as a gateway for a habeas petitioner to pass through the statute of limitations procedural bar to asserting an unconstitutional ineffective assistance of counsel claim
Teague v. Lane
489 U.S. 288 (1989) Cited 7,699 times 99 Legal Analyses
Holding that the rule announced in Taylor v. Louisiana requiring the jury venire be drawn from a fair cross section of the community is procedural and does not apply retroactively
Artuz v. Bennett
531 U.S. 4 (2000) Cited 3,722 times 3 Legal Analyses
Holding that a state post-conviction action is "properly filed" for § 2244(d) purposes "when its delivery and acceptance are in compliance with the applicable laws and rules governing filings," such as "the form of the document, the time limits upon its delivery, the court and office in which it must be lodged, and the requisite filing fee" (footnote omitted)
McCleskey v. Zant
499 U.S. 467 (1991) Cited 5,306 times 11 Legal Analyses
Holding that a "colorable showing of factual innocence" satisfies the "ends of justice" requirement
Boykin v. Alabama
395 U.S. 238 (1969) Cited 13,215 times 12 Legal Analyses
Holding that a silent record is insufficient for a waiver of certain specified rights not at issue here
Engle v. Isaac
456 U.S. 107 (1982) Cited 6,353 times 4 Legal Analyses
Holding burden to demonstrate cause and prejudice is far "greater than the showing required to establish plain error on direct appeal"
United States v. Denedo
556 U.S. 904 (2009) Cited 417 times 6 Legal Analyses
Finding that a military court's jurisdiction to issue the writ of coram nobis "derives from the earlier jurisdiction it exercised to hear and determine the validity of the conviction on direct review"
Brown v. Allen
344 U.S. 443 (1953) Cited 2,017 times 4 Legal Analyses
Holding that a prisoner does not have "to ask the state for collateral relief, based on the same evidence and issues already decided by direct review"
Mackey v. United States
401 U.S. 667 (1971) Cited 693 times 6 Legal Analyses
Upholding use of wagering tax returns in pre- Marchetti-Grosso prosecutions for income tax evasion.
People v. Harris
61 N.Y.2d 9 (N.Y. 1983) Cited 1,659 times
In People v Harris (61 N.Y.2d 9), within the context of determining whether a guilty plea was knowingly and voluntarily entered, the Court of Appeals concluded that no mandatory catechism was required.

The People, Appellant,v.Vinod Patel, Respondent.

34 Cited authorities

Holding that evidence of actual innocence may serve as a gateway for a habeas petitioner to pass through the statute of limitations procedural bar to asserting an unconstitutional ineffective assistance of counsel claim

Holding that the rule announced in Taylor v. Louisiana requiring the jury venire be drawn from a fair cross section of the community is procedural and does not apply retroactively

Holding that a "colorable showing of factual innocence" satisfies the "ends of justice" requirement

Holding that a silent record is insufficient for a waiver of certain specified rights not at issue here

Holding burden to demonstrate cause and prejudice is far "greater than the showing required to establish plain error on direct appeal"

Finding that a military court's jurisdiction to issue the writ of coram nobis "derives from the earlier jurisdiction it exercised to hear and determine the validity of the conviction on direct review"

Holding that a prisoner does not have "to ask the state for collateral relief, based on the same evidence and issues already decided by direct review"

Upholding use of wagering tax returns in pre- Marchetti-Grosso prosecutions for income tax evasion.

In People v Harris (61 N.Y.2d 9), within the context of determining whether a guilty plea was knowingly and voluntarily entered, the Court of Appeals concluded that no mandatory catechism was required.