24 Cited authorities

Slack v. McDaniel
529 U.S. 473 (2000) Cited 77,470 times 16 Legal Analyses
Holding that a habeas petitioner seeking to appeal a district court's denial of habeas relief on procedural grounds must not only make a substantial showing of the denial of a constitutional right but also must demonstrate that jurists of reason would find it debatable whether the district court was correct in its procedural ruling
Strickland v. Washington
466 U.S. 668 (1984) Cited 159,021 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"
Crawford v. Washington
541 U.S. 36 (2004) Cited 17,432 times 82 Legal Analyses
Holding that the Sixth Amendment's Confrontation Clause bars "admission of testimonial statements of a witness who did not appear at trial unless he was unavailable to testify, and the defendant had had a prior opportunity for cross-examination"
Duncan v. Walker
533 U.S. 167 (2001) Cited 5,474 times 8 Legal Analyses
Holding that the statute of limitations is not tolled during the pendancy of a federal petition
Clay v. U.S.
537 U.S. 522 (2003) Cited 4,532 times 1 Legal Analyses
Holding that in the § 2255 context, "a judgment of conviction becomes final when the time expires for filing a petition for certiorari contesting the appellate court’s affirmation of the conviction"
Kimmelman v. Morrison
477 U.S. 365 (1986) Cited 5,820 times 7 Legal Analyses
Holding that, if trial counsel's failure to litigate a constitutional claim competently "is the principal allegation of ineffectiveness," petitioner must also prove that the underlying constitutional claim is meritorious
United States v. Morgan
346 U.S. 502 (1954) Cited 1,855 times 1 Legal Analyses
Holding that writ of error coram nobis was appropriate vehicle for prisoner's request that prior conviction be vacated for failure to advise him of his right to counsel, and where "no other remedy [was] then available and sound reasons exist[ed] for failure to seek appropriate earlier relief"
Chang v. U.S.
250 F.3d 79 (2d Cir. 2001) Cited 634 times
Holding it within district court's discretion to resolve ineffective assistance claim on basis of submitted papers, including trial counsel's detailed affidavit contradicting defendant's assertions
Brown v. Artuz
124 F.3d 73 (2d Cir. 1997) Cited 347 times 1 Legal Analyses
Holding that the decision whether to testify belongs to the defendant, and citing cases reaching the same conclusion from the 3rd, 4th, 7th, 8th, 9th, 11th and D.C. Circuits
Poindexter v. Nash
333 F.3d 372 (2d Cir. 2003) Cited 209 times
Holding that a collateral challenge, such as, "the failure of trial counsel to advise [the petitioner] to plead guilty . . . fall within the scope of a § 2255 motion"
Section 2255 - Federal custody; remedies on motion attacking sentence
28 U.S.C. § 2255 Cited 129,499 times 129 Legal Analyses
Adopting one-year limitations period for §2255 motions
Section 841 - Prohibited acts A
21 U.S.C. § 841 Cited 91,016 times 147 Legal Analyses
In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.
Section 2244 - Finality of determination
28 U.S.C. § 2244 Cited 65,347 times 166 Legal Analyses
Holding that § 2255 incorporates § 2244(b) as part of the certification procedures of § 2244 and instructing that "the district court must dismiss the motion that we have allowed the applicant to file, without reaching the merits of the motion, if the court finds that the movant has not satisfied the requirements for the filing of such a motion."
Rule 60 - Relief from a Judgment or Order
Fed. R. Civ. P. 60 Cited 53,643 times 146 Legal Analyses
Granting relief from the operation of a judgment
Section 846 - Attempt and conspiracy
21 U.S.C. § 846 Cited 44,058 times 19 Legal Analyses
Holding each conspirator responsible for the quantity of drugs distributed by the conspiracy
Section 1651 - Writs
28 U.S.C. § 1651 Cited 11,036 times 60 Legal Analyses
Granting us the power to "issue all writs necessary or appropriate in aid of [our] . . . jurisdiction[] and agreeable to the usages and principles of law"
Section 952 - Importation of controlled substances
21 U.S.C. § 952 Cited 4,121 times 1 Legal Analyses
Prohibiting importation of controlled substances into the United States

Tairu v. United States of America

24 Cited authorities

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 Amendment's Confrontation Clause bars "admission of testimonial statements of a witness who did not appear at trial unless he was unavailable to testify, and the defendant had had a prior opportunity for cross-examination"

Holding that the statute of limitations is not tolled during the pendancy of a federal petition

Holding that in the § 2255 context, "a judgment of conviction becomes final when the time expires for filing a petition for certiorari contesting the appellate court’s affirmation of the conviction"

Holding that, if trial counsel's failure to litigate a constitutional claim competently "is the principal allegation of ineffectiveness," petitioner must also prove that the underlying constitutional claim is meritorious

Holding that writ of error coram nobis was appropriate vehicle for prisoner's request that prior conviction be vacated for failure to advise him of his right to counsel, and where "no other remedy [was] then available and sound reasons exist[ed] for failure to seek appropriate earlier relief"

Holding it within district court's discretion to resolve ineffective assistance claim on basis of submitted papers, including trial counsel's detailed affidavit contradicting defendant's assertions

Holding that the decision whether to testify belongs to the defendant, and citing cases reaching the same conclusion from the 3rd, 4th, 7th, 8th, 9th, 11th and D.C. Circuits

Holding that a collateral challenge, such as, "the failure of trial counsel to advise [the petitioner] to plead guilty . . . fall within the scope of a § 2255 motion"

Adopting one-year limitations period for §2255 motions

In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.

Granting relief from the operation of a judgment

Holding each conspirator responsible for the quantity of drugs distributed by the conspiracy

Granting us the power to "issue all writs necessary or appropriate in aid of [our] . . . jurisdiction[] and agreeable to the usages and principles of law"

Prohibiting importation of controlled substances into the United States