31 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 158,509 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. Crawford v. Washington

    541 U.S. 36 (2004)   Cited 17,381 times   82 Legal Analyses
    Holding that the Sixth Amendment's Confrontation Clause bars "admission of testimonial statements of a witness who did not appear at trial unless he was unavailable to testify, and the defendant had had a prior opportunity for cross-examination"
  3. Coleman v. Thompson

    501 U.S. 722 (1991)   Cited 26,205 times   49 Legal Analyses
    Holding in relevant part that federal habeas review of a procedurally defaulted claim is barred "unless the prisoner can demonstrate cause for the default and actual prejudice as a result of the alleged violation of federal law"
  4. Murray v. Carrier

    477 U.S. 478 (1986)   Cited 16,425 times   14 Legal Analyses
    Holding that constitutionally ineffective assistance of counsel may provide cause for a procedural default
  5. Martinez v. Ryan

    566 U.S. 1 (2012)   Cited 4,064 times   3 Legal Analyses
    Holding ineffective assistance in initial-review collateral proceedings can constitute sufficient cause to excuse procedural default
  6. Roe v. Flores-Ortega

    528 U.S. 470 (2000)   Cited 5,718 times   18 Legal Analyses
    Holding in criminal habeas context that counsel's failure to file a timely appeal is presumptively prejudicial, with no need for a "further showing from the defendant of the merits of his underlying claims"
  7. Melendez–Diaz v. Massachusetts

    557 U.S. 305 (2009)   Cited 3,542 times   46 Legal Analyses
    Holding that a certification that material seized by the police included cocaine was testimonial
  8. Evitts v. Lucey

    469 U.S. 387 (1985)   Cited 4,480 times   11 Legal Analyses
    Holding that the right to effective assistance of counsel includes the right to effective assistance of appellate counsel
  9. Ohio v. Roberts

    448 U.S. 56 (1980)   Cited 4,628 times   16 Legal Analyses
    Holding that the question of good-faith effort is a question of reasonableness, and a prosecutor is not required to do a futile act
  10. Gideon v. Wainwright

    372 U.S. 335 (1963)   Cited 8,385 times   22 Legal Analyses
    Holding that the Sixth Amendment requires counsel in all state felony prosecutions
  11. Section 606.5 - Duties of counsel with respect to representation of defendants in criminal actions

    N.Y. Comp. Codes R. & Regs. tit. 22 § 606.5   Cited 27 times

    (a) Duties of assigned or retained counsel. (1) It shall be the duty of counsel assigned to or retained for the defense of a defendant in a criminal action or proceeding to represent defendant in the trial court until the action or proceeding has been terminated in that court, and to comply with the provisions of paragraph (b)(1) or (d)(2) of this section, after which the duties of assigned counsel shall be ended. (2) It shall be the duty of counsel assigned to prosecute or defend an appeal on behalf

  12. Section 671.3 - Additional duties of defendant's counsel in the trial court

    N.Y. Comp. Codes R. & Regs. tit. 22 § 671.3   Cited 22 times

    (a) Upon conviction in the trial court or upon denial in that court of a motion made pursuant to C PL 440.10 or 440.20 or the denial or dismissal of an application in a habeas corpus or CPLR article 78 proceeding, it shall be the duty of the counsel for the defendant, immediately after the pronouncement of sentence or after service upon him of a copy of the order denying the motion or of the order or judgment denying or dismissing the application, to give, either by mail or personally, written notice

  13. Section 821.2 - Notification of right to appeal or to apply for a certificate granting leave to appeal

    N.Y. Comp. Codes R. & Regs. tit. 22 § 821.2   Cited 10 times

    (a) After conviction or denial of post-conviction or habeas corpus relief. Where there has been a conviction after trial or otherwise, or where there has been an adverse decision upon an application for a writ of habeas corpus or upon a motion made pursuant to section 440.10 or section 440.20, Criminal Procedure Law, it shall be the duty of counsel, retained or assigned, and of the public defender, immediately after the pronouncement of sentence or the service of a copy of a judgment or order disposing

  14. Section 1015.7 - Duties of criminal defense counsel

    N.Y. Comp. Codes R. & Regs. tit. 22 § 1015.7   Cited 7 times

    (a) Counsel assigned to or retained for the defendant in a criminal action or proceeding shall represent the defendant until the matter has been terminated in the trial court. Where there has been a conviction or an adverse decision on an application for a writ of habeas corpus, or on a motion under section 440.10 or 440.20 of the Criminal Procedure Law, immediately after the pronouncement of sentence or the service of a copy of the order disposing of such application or motion, counsel shall advise