· 2/2/1999
Frederick W. McKee Petitioner-Appellee-Cross-Appellant v. United States of America, Respondent-Appellant-Cross-Appellee
Citations
- 167 F.3d 103
- 1999 U.S. App. LEXIS 1390
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “[A] court may not use hindsight to second-guess counsel’s tactical choices.” (internal quotation marks and citations omitted)
- “Actions or omissions by counsel that might be considered sound trial strategy do not constitute ineffective assistance, and a court may not use hindsight to second-guess counsel’s tactical choices.” (citations and internal quotation marks omitted)
- “A petitioner may rebut the suggestion that the challenged conduct reflected merely a [tactical] choice . . . by showing that counsel omitted significant and obvious issues while pursuing issues that were clearly and significantly weaker.”
- “A petitioner may rebut the suggestion that the challenged conduct reflected merely a [tactical] choice . . . by showing that counsel omitted significant and obvious issues while pursuing issues that were clearly and significantly weaker.”
- “[A] court may not use hindsight to second-guess counsel’s tactical choices.”
- remanding to provide allegedly ineffective attorney an opportunity be heard
Source: CourtListener parenthetical corpus (CC0).
Judges: Kearse, Brieant, Johnson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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