Jimmy Lee Smith v. Louie L. Wainwright

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a general allegation of ineffective assistance of counsel is insufficient; a petition must allege specific errors in counsel’s performance and facts showing prejudice
• “The burden is on [petitioner] in this habeas corpus proceeding to establish the need for an evidentiary hearing.”
• “As a general rule, a habeas corpus petitioner must allege specific errors in his counsel’s performance to support a claim for ineffective assistance of counsel.” (citing Strickland, 466 U.S. 668)
• “Where, however, a petitioner demonstrates that circumstances surrounding his representation give rise to a presumption of prejudice, he will prevail.” (citing Cronic, 466 U.S. at 657 n.20, 104 S. Ct. at 2046 n.20)
• “Where, however, a petitioner demonstrates that circumstances surrounding his representation give rise to a presumption of prejudice, he will prevail.” (citing Cronic, 466 U.S. at 657 n.20, 104 S. Ct. at 2046 n.20)
• “Where, however, a petitioner demonstrates that circumstances surrounding his representation give rise to a presumption of prejudice, he will prevail.” (citing Cronic, 466 U.S. at 657 n.20, 104 S. Ct. at 2046 n.20)

Source: CourtListener parenthetical corpus (CC0).