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· 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 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.