· 4/19/1999
Jason Aaron Ivy v. Paul Caspari
Citations
- 173 F.3d 1136
- 1999 U.S. App. LEXIS 7569
- 1999 WL 246878
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining cause excusing procedural default can be shown by government non-action as well as government interference
- applying prejudice prong to case involving ineffective assistance of counsel claim and guilty plea
- applying prejudice prong to case involving ineffective assistance of counsel claim and guilty plea
- “[I]t [is] incumbent upon the State to ensure that [the prisoner’s] motion was promptly put into the regular stream of outgoing mail.”
- defendant’s guilty plea was not knowing and voluntary where counsel had failed to provide adequate explanation of elements of offense and other crucial information
- petitioner claiming there was cause for untimely filing of state post-conviction motion was required to establish both cause and actual prejudice to obtain consideration of defaulted claims
Source: CourtListener parenthetical corpus (CC0).
Judges: Arnold, Wollman, Beam
Read full opinion on CourtListenerSourced 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.