30 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 136,002 times   173 Legal Analyses
    Holding that prejudice for IAC claims requires showing "that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different"
  2. Padilla v. Kentucky

    559 U.S. 356 (2010)   Cited 6,999 times   130 Legal Analyses
    Holding that counsel has a duty under the Sixth Amendment to inform a noncitizen defendant that his plea would make him eligible for deportation
  3. Hill v. Lockhart

    474 U.S. 52 (1985)   Cited 17,129 times   34 Legal Analyses
    Holding that a Strickland claim can be brought to challenge a guilty plea, but rejecting the claim at issue
  4. Boykin v. Alabama

    395 U.S. 238 (1969)   Cited 11,845 times   12 Legal Analyses
    Holding that a silent record is insufficient for a waiver of certain specified rights not at issue here
  5. North Carolina v. Alford

    400 U.S. 25 (1970)   Cited 9,395 times   6 Legal Analyses
    Holding that a defendant may voluntarily, knowingly, and understandingly plead guilty and consent to be sentenced even if he is unwilling to admit to his participation in the crime when he is represented by competent counsel, he intelligently concludes that his interests require a guilty plea, and the record strongly evidences his guilt
  6. Brady v. United States

    397 U.S. 742 (1970)   Cited 6,417 times   17 Legal Analyses
    Holding that "a voluntary plea of guilty intelligently made in the light of the then applicable law does not become vulnerable because later judicial decisions indicate that the plea rested on a faulty premise"
  7. People v. Benevento

    91 N.Y.2d 708 (N.Y. 1998)   Cited 3,679 times   2 Legal Analyses
    In People v Benevento, 91 NY2d 708, 713-14 (1998), the New York Court of Appeals held that "meaningful representation" included a prejudice component which focuses on the "fairness of the process as a whole rather than [any] particular impact on the outcome of the case."
  8. People v. Baldi

    54 N.Y.2d 137 (N.Y. 1981)   Cited 5,485 times   6 Legal Analyses
    In Baldi, the New York State Court of Appeals expressly applied the right to effective assistance of counsel guaranteed by the federal Constitution. 54 N.Y.2d at 146.
  9. People v. Lopez

    71 N.Y.2d 662 (N.Y. 1988)   Cited 2,481 times   3 Legal Analyses
    In Lopez, the New York Court of Appeals recognized "the rare case" where a defendant's plea allocution "casts significant doubt upon the defendant's guilt or otherwise calls into question the voluntariness of the plea[.
  10. People v. Peque

    2013 N.Y. Slip Op. 7651 (N.Y. 2013)   Cited 459 times
    Holding that New York trial courts must inform the defendant of the immigration consequences of pleading guilty to a felony and that a failure to do so could provide a basis for withdrawing or vacating the guilty plea