30 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 141,950 times   173 Legal Analyses
    Holding that trial counsel renders ineffective assistance when his performance falls "below an objective standard of reasonableness" and when "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 23,076 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 11,351 times   10 Legal Analyses
    Holding "that 'actual innocence' means factual innocence, not mere legal insufficiency"
  4. Massaro v. U.S.

    538 U.S. 500 (2003)   Cited 4,935 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 10,888 times   4 Legal Analyses
    Holding that "recourse" to Rule 52(b) may only be had on appeal
  6. Kimmelman v. Morrison

    477 U.S. 365 (1986)   Cited 5,129 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 5,764 times   3 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 1,699 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 4,501 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. Blockburger v. United States

    284 U.S. 299 (1932)   Cited 9,167 times   19 Legal Analyses
    Holding that for the purposes of the Double Jeopardy Clause, "the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not"
  11. Section 2255 - Federal custody; remedies on motion attacking sentence

    28 U.S.C. § 2255   Cited 115,355 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 24,189 times   72 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 19,469 times   117 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 3,694 times   22 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 1,533 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 1,190 times   242 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