25 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 158,880 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. Murray v. Carrier

    477 U.S. 478 (1986)   Cited 16,463 times   14 Legal Analyses
    Holding that constitutionally ineffective assistance of counsel may provide cause for a procedural default
  3. Miranda v. Arizona

    384 U.S. 436 (1966)   Cited 60,311 times   64 Legal Analyses
    Holding that statements obtained by custodial interrogation of a criminal defendant without warning of constitutional rights are inadmissible under the Fifth Amendment
  4. Rhode Island v. Innis

    446 U.S. 291 (1980)   Cited 6,138 times   12 Legal Analyses
    Holding that a police officer's subjective intent to obtain incriminatory statements is not relevant to determining whether an interrogation has occurred
  5. Missouri v. Seibert

    542 U.S. 600 (2004)   Cited 1,991 times   14 Legal Analyses
    Holding that "[s]trategists dedicated to draining the substance out of" constitutional protections cannot accomplish by planning around these protections because it "effectively threatens to thwart [their] purpose"
  6. Oregon v. Elstad

    470 U.S. 298 (1985)   Cited 2,921 times   15 Legal Analyses
    Holding that Fifth Amendment Miranda violations do not require that fruits of otherwise voluntary statements be suppressed as tainted
  7. Schmerber v. California

    384 U.S. 757 (1966)   Cited 5,012 times   26 Legal Analyses
    Holding that a witness cannot rely on the privilege to decline to provide blood samples
  8. 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."
  9. People v. Turner

    2005 N.Y. Slip Op. 8766 (N.Y. 2005)   Cited 523 times   5 Legal Analyses
    Finding appellate counsel ineffective for not raising ineffectiveness of trial counsel on appeal
  10. People v. Huntley

    15 N.Y.2d 72 (N.Y. 1965)   Cited 1,462 times   2 Legal Analyses
    Adopting a procedure for providing a separate hearing about the voluntariness of a confession to be offered in evidence against a defendant at his or her trial