Richard Roe v. Paul K. Delo Jeremiah (Jay) W. Nixon

How courts have described this case

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

• affidavit by counsel that claim was omitted on appeal not as the result of a strategic decision, but as the result of oversight, negated presumption of competence
• “The decision to forgo a plain error claim is usually the result of a reasonable winnowing of weaker appellate claims.”
• “The- decision to forgo a plain error claim is usually the result of a reasonable winnowing of weaker appellate claims.”
• courts recognize \more rigorous\ plain error standard is appropriate where federal -7- constitutional error has not been properly preserved
• affidavit by counsel that claim was omitted on appeal not as the result of a strategic decision, but as the result of oversight, negated presumption of competence

Source: CourtListener parenthetical corpus (CC0).