Terry L. Peveler v. United States

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 defendant “cannot avoid procedural default by asserting [a] claim” for the first time in a certiorari petition
• noting that the petitioner was required to demonstrate actual innocence regarding two previously-dismissed § 924(c) charges that were based on conduct in 1992 despite that the challenged § 924(c) charge derived from conduct in 1993
• refusal to set aside credibility determination of magistrate judge “who has had opportunity to view the witness on the stand and assess his demeanor.”
• “A procedurally defaulted claim, absent a showing of cause and prejudice or actual innocence, cannot give rise to relief under § 2255.”
• a claim not raised on direct appeal constitutes procedural default and “absent a showing of cause and prejudice ..., [such a claim] cannot give rise to relief under § 2255.”
• “The ‘hurdle’ [a petitioner] faces in excusing his procedural default is ‘intentionally high . . . , for respect for the finality of judgments demands that collateral attack generally not be allowed to do service for an appeal.’”

Source: CourtListener parenthetical corpus (CC0).