United States v. Edgar Sterling Lemaster

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 criminal defendant may waive his right to attack his conviction and sentence collaterally, so long as the waiver is knowing and voluntary”
• holding that petitioner is bound by his solemn declarations in open court and that unsubstantiated efforts to refute record are insufficient to require hearing absent extraordinary circumstances
• holding that defendant’s sworn declarations during plea colloquy “carry a strong presumption of verity,” such that, absent extraordinary circumstances, “the truth of sworn statements made during a Rule 11 colloquy is conclusively established” (internal quotation marks omitted
• indicating that, absent “extraordinary circumstances,” allegations in a § 2255 motion that directly contradict the petitioner’s prior sworn statements are considered “patently frivolous or false”
• stating that because courts “must be able to rely on [a] defendant’s statements made under oath” during a plea colloquy, statements during these proceedings carry a “strong presumption of verity”
• noting that “[e]very Circuit Court of Appeals to consider the issue * * * has held that the right to attack a sentence collaterally may be waived so long as the waiver is know- ing and voluntary”

Source: CourtListener parenthetical corpus (CC0).