Steven Edward Manning v. Phil Foster

How courts have described this case

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

• holding that “[wjhere an attorney fails to file an appeal, and the petitioner can prove that he would have appealed ‘but for’ counsel’s failure to file, prejudice is presumed”
• holding that “a conflict of interest, independent of a claim of ineffective assistance of counsel, ... constitute^] cause where the conflict caused the attorney to interfere with the petitioner’s right to pursue his . 1. claim.”
• defining cause 11 as “any ‘objective factor’ that is ‘external’ to the petitioner and that ‘cannot fairly be 12 attributed to him’”
• “[P]rejudice is presumed when an attorney fails 27 to file an appeal against the petitioner’s express wishes. Such failure always constitutes 28 ineffective assistance of counsel.” (citations omitted)

Source: CourtListener parenthetical corpus (CC0).