· 12/6/1985
David Paul Voytik v. United States
Citations
- 778 F.2d 1306
- 1985 U.S. App. LEXIS 25469
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that a § 2255 movant must provide more than “conclusory allegations unsupported by specifics” (citation omitted)
- holding statements made under oath “during the plea-taking carry a strong presumption of verity and pose a ‘formidable barrier in any subsequent collateral proceedings.’” (quoting Blackledge v. Allison, 431 U.S. 63, 74 (1977))
- stating “a petition which consists only of conclusory allegations unsupported by specifics . . . is insufficient to overcome the barrier to an evidentiary hearing on a section 2255 motion.” (internal citation omitted)
- “The defendant’s representations during the plea‐taking carry a strong presumption of verity and pose a formidable barrier in any subsequent collateral proceedings.” (cleaned up, citation omitted)
- “to make a claim for ineffective assistance of counsel [the defendant] must plead facts sufficient to show that his counsel’s performance fell below an objective standard of reasonable representation and that he was prejudiced by this deficient performance”
- where district court judge had determined “that he would not have reduced [the defendant’s] sentence” even if counsel had performed as the defendant wished, the defendant’s ineffective assistance of counsel claim failed for lack of prejudice.
Source: CourtListener parenthetical corpus (CC0).
Judges: Heaney, Gibson, Fagg
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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