34 Cited authorities

Harrington v. Richter
562 U.S. 86 (2011) Cited 26,563 times 22 Legal Analyses
Holding that AEDPA deference applies even when state court issues summary ruling
Strickland v. Washington
466 U.S. 668 (1984) Cited 159,572 times 179 Legal Analyses
Holding an "error by counsel" doesn't "warrant setting aside the judgment of a criminal proceeding" where in the context of the whole proceeding the identified error "had no effect on the judgment"
Thomas v. Arn
474 U.S. 140 (1985) Cited 92,167 times 1 Legal Analyses
Holding that the Sixth Circuit's waiver rule is within its supervisory powers
Padilla v. Kentucky
559 U.S. 356 (2010) Cited 8,671 times 132 Legal Analyses
Holding that counsel has a duty under the Sixth Amendment to inform a noncitizen defendant that his plea would make him eligible for deportation
Smith v. Robbins
528 U.S. 259 (2000) Cited 8,593 times 12 Legal Analyses
Holding that "the proper standard for evaluating claim that appellate counsel was ineffective ... is that enunciated in Strickland"
Douglass v. United Services Auto. Ass'n
79 F.3d 1415 (5th Cir. 1996) Cited 33,257 times 1 Legal Analyses
Holding "party's failure to file written objections to the proposed findings, conclusions, and recommendation in a [R & R] ... after being served with a copy shall bar that party, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions accepted by the district court, provided that the party has been served with notice that such consequences will result from a failure to object"
Illinois v. Rodriguez
497 U.S. 177 (1990) Cited 2,771 times 19 Legal Analyses
Holding that a search is not rendered unreasonable because an officer reasonably, but erroneously, believed that he had received consent from someone capable of providing it
Glover v. United States
531 U.S. 198 (2001) Cited 1,708 times 4 Legal Analyses
Holding an error that increased a petitioner's sentence "by at least 6 months and perhaps by 21 months" amounted to prejudice
United States v. Matlock
415 U.S. 164 (1974) Cited 4,111 times 13 Legal Analyses
Holding that the government "may show that permission to search was obtained from a third party who possessed common authority over or other sufficient relationship to the premises or effects sought to be inspected"
Certiorari Denied
531 U.S. 849 (2000) Cited 1,023 times
Holding state court fact findings are presumed correct and the petitioner has the burden of rebutting the presumption by clear and convincing evidence
Section 636 - Jurisdiction, powers, and temporary assignment
28 U.S.C. § 636 Cited 504,330 times 39 Legal Analyses
Holding that when a party fails to object to a magistrate judge's report and recommendation, our review of the district court's resulting decision is for plain error so long as the party "has been served with notice that [this consequence] will result from a failure to object"
Rule 72 - Magistrate Judges: Pretrial Order
Fed. R. Civ. P. 72 Cited 168,221 times 20 Legal Analyses
Granting a party fourteen days to object to a Magistrate Judge's non-dispositive order
Section 2255 - Federal custody; remedies on motion attacking sentence
28 U.S.C. § 2255 Cited 129,989 times 129 Legal Analyses
Adopting one-year limitations period for §2255 motions
Section 3553 - Imposition of a sentence
18 U.S.C. § 3553 Cited 76,935 times 111 Legal Analyses
Holding that district court must consider whether its decision will "protect the public from further crimes of the defendant"
Section 2422 - Coercion and enticement
18 U.S.C. § 2422 Cited 2,934 times 24 Legal Analyses
Providing for a maximum sentence of life and covering attempts
Section 1591 - Sex trafficking of children or by force, fraud, or coercion
18 U.S.C. § 1591 Cited 2,661 times 21 Legal Analyses
Defining serious harm as "any harm, whether physical or nonphysical, including psychological [or] financial . . . harm, that is sufficiently serious . . . to compel a reasonable person of the same background and in the same circumstances to perform . . . commercial sexual activity in order to avoid incurring that harm"
Section 2423 - Transportation of minors
18 U.S.C. § 2423 Cited 2,112 times 12 Legal Analyses
Punishing the offender who "knowingly [(adverb)] transports [(verb)] an individual [(direct object)] who has not attained the age of 18 years" (modifier of direct object)

Davis v. United States of America

34 Cited authorities

Holding that AEDPA deference applies even when state court issues summary ruling

Holding an "error by counsel" doesn't "warrant setting aside the judgment of a criminal proceeding" where in the context of the whole proceeding the identified error "had no effect on the judgment"

Holding that the Sixth Circuit's waiver rule is within its supervisory powers

Holding that counsel has a duty under the Sixth Amendment to inform a noncitizen defendant that his plea would make him eligible for deportation

Holding that "the proper standard for evaluating claim that appellate counsel was ineffective ... is that enunciated in Strickland"

Holding that a search is not rendered unreasonable because an officer reasonably, but erroneously, believed that he had received consent from someone capable of providing it

Holding an error that increased a petitioner's sentence "by at least 6 months and perhaps by 21 months" amounted to prejudice

Holding that the government "may show that permission to search was obtained from a third party who possessed common authority over or other sufficient relationship to the premises or effects sought to be inspected"

Holding state court fact findings are presumed correct and the petitioner has the burden of rebutting the presumption by clear and convincing evidence

Holding that when a party fails to object to a magistrate judge's report and recommendation, our review of the district court's resulting decision is for plain error so long as the party "has been served with notice that [this consequence] will result from a failure to object"

Granting a party fourteen days to object to a Magistrate Judge's non-dispositive order

Adopting one-year limitations period for §2255 motions

Holding that district court must consider whether its decision will "protect the public from further crimes of the defendant"

Providing for a maximum sentence of life and covering attempts

Punishing the offender who "knowingly [(adverb)] transports [(verb)] an individual [(direct object)] who has not attained the age of 18 years" (modifier of direct object)