contemporaneous-evidence

3 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-162 Christian Winchel v. United States Fifth Circuit 2023-08-18 Denied Response Waived civil-procedure contemporaneous-evidence due-process habeas-corpus ineffective-assistance judicial-procedure plea-bargain plea-bargaining postconviction-review section-2255 standard-of-review I. Supreme Court Rule 10(a)—Whether the Fifth Circuit Court of Appeals has departed from the accepted and usual course of postconviction proceedings u…
22-1000 William Casiano v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-04-14 Denied Response Waived certificate-of-appealability contemporaneous-evidence ineffective-assistance-of-counsel mandatory-minimum-sentence plea-bargaining strickland-prejudice 1. Does the rule in Lee v. United States, 137 S. Ct. 1958, 1967 (2017), that directs courts to credit contemporaneous evidence, and not "post hoc asse…
20-1187 Leon Carmichael, Sr. v. United States Eleventh Circuit 2021-02-25 Denied Response Waived constitutional-rights contemporaneous-evidence criminal-procedure due-process hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudice-test sentencing-guidelines Question One: What additional objective and evidentiary evidence is required to satisfy "the prejudice test" that this Court articulated in "Missouri …