· 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).
Sourced from CourtListener / Free Law Project (CC0).
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.