· 4/18/1995
Terry P. Daniels v. United States
Citations
- 54 F.3d 290
- 1995 U.S. App. LEXIS 8882
- 1995 WL 230998
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 who attempted to mount a collateral attack on his guilty plea because the judge purportedly failed to conduct an adequate Rule 11(d) colloquy waived his right to do so by failing to pursue the issue on direct appeal
- stating that “a hearing is not necessary 23 if the petitioner makes conclusory or speculative allegations rather than specific factual 24 allegations”
- holding that a defendant who attempted to mount a collateral attack on his guilty plea because the judge purportedly failed to conduct an adequate Rule 11(d) colloquy waived his right to do so by failing to pursue the issue on direct appeal
- granting evidentiary hear- ing on § 2255 petition based on conflicting evidence con- tained in sworn affidavits of petitioner and his former attorney
- remanding for evidentiary hearing on defendant's claim that lawyer pressured defendant into accepting plea
- a hearing is not necessary if the petitioner makes conclusory or speculative allegations rather than specific factual allegations
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Coffey, Flaum
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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