Federal Case

How courts have described this case

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

• noting that a court need not credit counsel's affidavit if \sound reasons\ exist for not doing so
• finding ineffective assistance of 16 counsel when there was “simply no rational basis to believe that counsel’s failure to argue [an] issue on appeal was a stra- tegic choice”
• counsel’s failure to raise an “obvious and potentially successful” issue was objectively unreasonable
• “The test for prejudice under Strickland is not whether petitioners would likely prevail upon remand, but whether we would have likely reversed and ordered a remand had the issue been raised on direct appeal.”
• “The test for prejudice under Strickland is not whether petitioners would likely prevail upon remand, but whether we would have likely reversed and ordered a remand had the issue been raised on direct appeal.”
• “The test for prejudice under Strickland is not whether petitioners would likely prevail upon remand, but whether we would have likely reversed and ordered a remand had the issue been raised on direct appeal.”

Source: CourtListener parenthetical corpus (CC0).