Is a mere conclusory allegation insufficient to prove that counsel was ineffective?

MultiRegion, United States of America

The following excerpt is from Vega v. United States, 1:09-cr-00335-AWI, 1:13-cv-01268-AWI (E.D. Cal. 2014):

Mere conclusory allegations are insufficient to prove that counsel was ineffective. Shah v. United States, 878 F.2d 1156, 1161 (9th Cir.1989). A habeas petitioner is entitled to an evidentiary hearing or habeas relief when "he has alleged facts [in his petition] which, if proven, would entitle him to relief.... Notice pleading is not sufficient, for the petition is expected to state facts that point to a real possibility of constitutional error." O'Bremski v. Maass, 915 F.2d 418, 420 (9th Cir.1990) (quotations omitted).

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