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· 12/11/2003

United States v. Brian Edward Ratigan

Citations

  • 351 F.3d 957
  • 2003 Cal. Daily Op. Serv. 10668
  • 2003 U.S. App. LEXIS 24886
  • 2003 WL 22917744

How courts have described this case

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

  • holding that “[i]n order to excuse his procedural default, [petitioner] must show that counsel’s performance was deficient and that the deficient performance prejudiced the defense”
  • holding that “[a] § 2255 movant procedurally defaults 25 his claims by not raising them on direct appeal and not showing cause and prejudice or 26 actual innocence in response to the default”
  • holding that “[a] § 2255 movant procedurally defaults 15 ||his claims by not raising them on direct appeal and not showing cause and prejudice or 16 actual innocence in response to the default”
  • holding that “[a] 21 Section 2255 movant procedurally defaults his claims by not raising them on direct 22 appeal and not showing cause and prejudice or actual innocence in response to the 23 default”
  • applying Murray to a sufficiency-of-the-evidence claim raised in a § 2255 petition
  • analyzing 10 subject-matter jurisdiction of a criminal case despite procedural default

Source: CourtListener parenthetical corpus (CC0).

Judges: Trott, Fisher, Gould

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.