· 7/30/2010
Yick Man Mui v. United States
Citations
- 614 F.3d 50
- 77 Fed. R. Serv. 3d 193
- 2010 U.S. App. LEXIS 15749
- 2010 WL 2977323
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the “mandate rule bars re-litigation of issues already decided on direct appeal.”
- stating that the “mandate rule bars re-litigation [on a 28 U.S.C. § 2255 motion] of issues already decided on direct appeal”
- noting that, at the appellate level, “the law of the case rule” bars re‐litigation of issues on collateral attack that were “already decided on direct appeal”
- noting that, at the appellate level, “the law of the case rule” bars re-litigation of issues on collateral attack that were “already decided on direct appeal”
- explaining that a defendant can overcome the procedural-default rule only by “show[ing] cause for failing to raise the claim at the appropriate time and prejudice from the alleged error” (internal quotation marks omitted)
- describing rejection of ineffective assistance claims where the “factual predicates” are the same as on direct appeal
Source: CourtListener parenthetical corpus (CC0).
Judges: Winter, Calabresi, and Sack, Circuit Judges
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.