30 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 158,786 times   176 Legal Analyses
    Holding an "error by counsel" doesn't "warrant setting aside the judgment of a criminal proceeding" where in the context of the whole proceeding the identified error "had no effect on the judgment"
  2. Padilla v. Kentucky

    559 U.S. 356 (2010)   Cited 8,611 times   131 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 20,006 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 13,227 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 10,649 times   6 Legal Analyses
    Holding that an individual may "consent to the imposition of a prison sentence" despite maintaining that he is innocent of the charged crime
  6. Brady v. United States

    397 U.S. 742 (1970)   Cited 7,311 times   17 Legal Analyses
    Holding that a defendant who pled guilty to federal kidnapping could not impugn the propriety of his plea under 28 U.S.C. § 2255 based on a later development striking down the death penalty for that offense
  7. People v. Benevento

    91 N.Y.2d 708 (N.Y. 1998)   Cited 4,215 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 5,975 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.
  9. People v. Lopez

    71 N.Y.2d 662 (N.Y. 1988)   Cited 2,855 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 624 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