Case Citator › Massaro v. United States

Massaro v. United States

Is it still good law? What later courts have actually done to this case.

Limited by some courts
Court
Supreme Court of the United States
Citation
538 U.S. 500
Decided
Confirmed treatments
1
Flagged citations read
76 of 76
Citing cases (total)
3,331
Treatment dates
2005
Limited by some courts
At least one reviewed court has limited this case’s holding to narrower facts or a narrower rule. No reviewed court has overruled it. Massaro v. United States remains controlling for federal 28 U.S.C. § 2255 claims. All 76 flagged citations have been read.
More on how this was screened

The Seventh Circuit confined its no-forfeiture rule to claims that were not already resolved on direct appeal. Three state courts chose different rules for their own postconviction proceedings, as noted below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

3,331 later cases cite Massaro v. United States; 76 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Massaro v. United States?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Limited

  • The Seventh Circuit declined to extend Massaro's no-forfeiture rule to a § 2255 claim already raised and resolved on direct appeal.

    Peoples v. United States · Seventh Circuit · filed

    But Massaro does not hold that the same ground of relief may be raised twice, once on direct appeal and again on collateral review. The question was left open. 538 U.S. at 508-09. Since Massaro we have reiterated that a defendant who chooses to make an ineffective-assistance argument on direct appeal cannot present it again on collateral review.
    Read the full opinion on CourtListener →

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