Stokes v. United States’s Empirical Analysis

Citation profile

3 federal appellate ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The rules promulgated under Section 2255 permit the court to consider sworn affidavits and other methods of discovery. See e.g. 28 U.S.C. following § 2255, Rules 5-7. Once a factual dispute has been found to exist, however, an adversary hearing must be held, with counsel. Id. at Rule 8. Judge Sharp, however, followed neither route. Instead, Judge Sharp engaged in an unsworn colloquy with Stokes’ trial counsel (who did not represent him for this motion) to determine why counsel did not raise the competency issue. Stokes was not represented by counsel at the time of the examination, nor was he allowed to cross-examine his former counsel. Nevertheless, the court heavily relied on the lawyer’s representations in making his decision. 1 This ex parte hearing did not satisfy section 2255’s requirement of an adversary judicial hearing when a factual dispute exists. United States v. Underwood, 577 F.2d 157 (1st Cir. 1978), is on all fours with the present case. There the judge relied on an in-chambers conference with the prosecutor and Underwood’s trial counsel. We agree with the First Circuit’s appraisal that the unsworn representations of counsel are not a substitute for evidence. Id. at 159 .”

   1 later decision quote this exact passage · from the majority
   e.g. 538 F. Supp. 298 - Stokes v. United States