156 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,626 times 279 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Harrington v. Richter
562 U.S. 86 (2011) Cited 26,345 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 158,859 times 176 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"
Williams v. Taylor
529 U.S. 362 (2000) Cited 37,788 times 66 Legal Analyses
Holding that counsel's performance was deficient when their investigation failed to uncover "extensive records" filled with mitigation evidence concerning the defendant's family history, education, mental health, and rehabilitation
Jackson v. Virginia
443 U.S. 307 (1979) Cited 77,647 times 16 Legal Analyses
Holding that courts conducting review of the sufficiency of the evidence to support a criminal conviction should view the "evidence in the light most favorable to the prosecution"
Daubert v. Merrell Dow Pharmaceuticals, Inc.
509 U.S. 579 (1993) Cited 26,284 times 225 Legal Analyses
Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"
Schlup v. Delo
513 U.S. 298 (1995) Cited 18,020 times 13 Legal Analyses
Holding that the actual innocence standard requires a petitioner "to make a stronger showing than that needed to establish prejudice" under Strickland
Kumho Tire Co. v. Carmichael
526 U.S. 137 (1999) Cited 12,611 times 28 Legal Analyses
Holding that the Daubert gatekeeping standard applies not only to "scientific testimony" but also to "all expert testimony"
Wiggins v. Smith
539 U.S. 510 (2003) Cited 9,483 times 45 Legal Analyses
Holding that counsel's performance was deficient when they failed to expand their investigation into the defendant's life history "after having acquired only rudimentary knowledge of his history from a narrow set of sources," especially when those sources indicated the existence of helpful mitigation evidence
Smith v. Robbins
528 U.S. 259 (2000) Cited 8,551 times 12 Legal Analyses
Holding that "the proper standard for evaluating claim that appellate counsel was ineffective ... is that enunciated in Strickland"
Section 2255 - Federal custody; remedies on motion attacking sentence
28 U.S.C. § 2255 Cited 129,350 times 129 Legal Analyses
Adopting one-year limitations period for §2255 motions
Section 2339B - Providing material support or resources to designated foreign terrorist organizations
18 U.S.C. § 2339B Cited 570 times 15 Legal Analyses
Clarifying the scope of “personnel”
Section 1701 - Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities
50 U.S.C. § 1701 Cited 422 times 63 Legal Analyses
Granting Presidential emergency power "to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States"
Section 8.03 - Mistake of Law
Tex. Pen. Code § 8.03 Cited 76 times
Stating the general rule that “[i]t is no defense to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect.”

Elashi v. USA

156 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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 counsel's performance was deficient when their investigation failed to uncover "extensive records" filled with mitigation evidence concerning the defendant's family history, education, mental health, and rehabilitation

Holding that courts conducting review of the sufficiency of the evidence to support a criminal conviction should view the "evidence in the light most favorable to the prosecution"

Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"

Holding that the actual innocence standard requires a petitioner "to make a stronger showing than that needed to establish prejudice" under Strickland

Holding that the Daubert gatekeeping standard applies not only to "scientific testimony" but also to "all expert testimony"

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

Adopting one-year limitations period for §2255 motions

Clarifying the scope of “personnel”

Granting Presidential emergency power "to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States"

Stating the general rule that “[i]t is no defense to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect.”