30 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 145,611 times   173 Legal Analyses
    Holding that prejudice for IAC claims requires showing "that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different"
  2. Coleman v. Thompson

    501 U.S. 722 (1991)   Cited 23,635 times   49 Legal Analyses
    Holding that when a petitioner "had no right to counsel to pursue his appeal in state habeas" and "attorney error ... led to the default of [the petitioner's] claims in state court," error could not constitute cause to excuse procedural default
  3. Bousley v. United States

    523 U.S. 614 (1998)   Cited 11,913 times   10 Legal Analyses
    Holding that the rule announced in Bailey v. United States, 516 U.S. 137, 116 S.Ct. 501, 133 L.Ed.2d 472, which narrowed the scope of the term "use" in § 924(c), applied retroactively
  4. Massaro v. U.S.

    538 U.S. 500 (2003)   Cited 5,157 times   2 Legal Analyses
    Holding that failure to raise an ineffective assistance of counsel claim on direct appeal does not bar a defendant from bringing the claim in a later, appropriate collateral proceeding
  5. United States v. Frady

    456 U.S. 152 (1982)   Cited 11,293 times   4 Legal Analyses
    Holding that petitioner must show both cause and prejudice to overcome a procedural default
  6. Kimmelman v. Morrison

    477 U.S. 365 (1986)   Cited 5,295 times   7 Legal Analyses
    Holding that the defendant must show that "the challenged action was not sound strategy"
  7. Engle v. Isaac

    456 U.S. 107 (1982)   Cited 5,895 times   4 Legal Analyses
    Holding that "the futility of presenting an objection to the state courts cannot alone constitute cause for a failure to object at trial"
  8. Reed v. Farley

    512 U.S. 339 (1994)   Cited 1,781 times   1 Legal Analyses
    Holding that, in a § 2254 proceeding, a state court's failure to observe speedy trial requirements was not cognizable when the failure did not prejudice the defendant
  9. Hill v. United States

    368 U.S. 424 (1962)   Cited 4,642 times   3 Legal Analyses
    Holding that a district court's failure to notify a defendant of his right to speak at his sentencing did not prejudice him and was not a cognizable claim under § 2255
  10. Chandler v. U.S.

    218 F.3d 1305 (11th Cir. 2000)   Cited 2,216 times   2 Legal Analyses
    Holding that the ineffectiveness prong of Strickland is a high bar, requiring a showing that “no competent counsel would have taken [the action in question]”
  11. Section 2255 - Federal custody; remedies on motion attacking sentence

    28 U.S.C. § 2255   Cited 117,396 times   128 Legal Analyses
    Adopting one-year limitations period for §2255 motions
  12. Rule 4 - Appeal as of Right-When Taken

    Fed. R. App. P. 4   Cited 25,633 times   75 Legal Analyses
    Holding that a defendant must file his or her notice of appeal in a criminal case within fourteen days after the judgment's entry
  13. Section 371 - Conspiracy to commit offense or to defraud United States

    18 U.S.C. § 371   Cited 19,745 times   120 Legal Analyses
    Requiring proof of an "act to effect the object of the conspiracy"
  14. Section 1349 - Attempt and conspiracy

    18 U.S.C. § 1349   Cited 3,892 times   26 Legal Analyses
    Criminalizing "[a]ny person who attempts or conspires to commit any offense under this chapter"
  15. Section 1347 - Health care fraud

    18 U.S.C. § 1347   Cited 1,567 times   42 Legal Analyses
    Making it illegal to "knowingly and willfully " execute or attempt to execute a scheme to defraud a health care benefit program
  16. Section 1320a-7b - Criminal penalties for acts involving Federal health care programs

    42 U.S.C. § 1320a-7b   Cited 1,225 times   253 Legal Analyses
    Prohibiting "any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly ..." to induce a person to refer a patient for services paid by a federal health care program