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· 9/27/2023

A. A. v. City of New York

Citations

  • 2023 NY Slip Op 04744

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a party must show cause and prejudice to raise an objection not argued on direct appeal in a 2255 motion (citing Frady)
  • finding that the Court has “long and consistently affirmed that a collateral challenge may not do service for an appeal”
  • explaining that it is not sufficient to show that the errors at trial created a mere “possibility of prejudice”
  • finding that “having shown cause, petitioners must show actual prejudice to excuse their default”
  • noting that relief under Federal Rule of Criminal Pro- cedure 52 requires “error so ‘plain’ the trial judge and prose- cutor were derelict in countenancing it, even absent the de- fendant’s timely assistance in detecting it”
  • affirming \the well-settled principle that to obtain collateral relief a prisoner must clear a significantly higher hurdle than would exist on direct appeal\

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.