· 12/15/2014
United States v. Stacey Sellner
Citations
- 773 F.3d 927
- 2014 U.S. App. LEXIS 23486
- 2014 WL 7012258
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’s “written statement is just as credible on its face as [an] attorney’s affidavit.”
- A district court may “deny an evidentiary hearing if . . . the petitioner’s allegations, accepted as true, would not entitle the petitioner to relief[.]”
- \Evidentiary hearings on 28 U.S.C. § 2255 motions [are only] necessary prior to the motion's disposition if a factual dispute exists.\
- “[F]ailure to file a notice of appeal upon the client’s request constitutes ineffective assistance of counsel . . . [e]ven if the client waived his right to appeal as part of a plea agreement.”
- “Even if the client waived his right to appeal as part of a plea agreement, prejudice is presumed if the client asked his attorney to file a notice of appeal and the attorney did not do so.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Riley, Wollman, Bye
Read full opinion on CourtListenerSourced 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.