Balsamello v. Structure Tone, Inc.

How courts have described this case

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

• holding that the state may waive the affirmative defense of procedural default by failing to assert it
• concluding that because the state decided to challenge the defendant’s claims on the merits, rather than arguing procedural default, the state had waived this defense
• noting that where “on “one is left with pure speculation on whether the outcome of the trial ... could have been any different,” there is an insufficient showing of prejudice
• noting that where “one is left with pure speculation on whether the outcome of the trial . . . could have been any different,” there is an insufficient showing of prejudice
• stating that where “one is left with pure speculation on whether the outcome of the trial . . . could have been any different,” there is an insufficient showing of prejudice
• stating that “the Sixth Amendment guarantees reasonable competence, not perfect litigation” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).