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· 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 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.