31 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 135,516 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. Crawford v. Washington

    541 U.S. 36 (2004)   Cited 14,695 times   81 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 21,924 times   49 Legal Analyses
    Holding that when a petitioner "had no right to counsel to pursue his appeal in state habeas" and "attorney error . . . led to the default of [the petitioner's] claims in state court," error could not constitute cause to excuse procedural default
  4. Murray v. Carrier

    477 U.S. 478 (1986)   Cited 13,943 times   14 Legal Analyses
    Holding that constitutionally ineffective assistance of counsel may provide cause for a procedural default
  5. Roe v. Flores-Ortega

    528 U.S. 470 (2000)   Cited 4,778 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"
  6. Melendez–Diaz v. Massachusetts

    557 U.S. 305 (2009)   Cited 2,982 times   45 Legal Analyses
    Holding that a certification that material seized by the police included cocaine was testimonial
  7. Martinez v. Ryan

    566 U.S. 1 (2012)   Cited 2,250 times   2 Legal Analyses
    Holding that, in limited circumstances, cause to excuse procedural default might be established by ineffective counsel in state collateral proceedings
  8. Evitts v. Lucey

    469 U.S. 387 (1985)   Cited 3,959 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 4,315 times   15 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 7,924 times   21 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 17 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 8 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 6 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