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· 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 CourtListener

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.