§Why CasetextPricing

The People, Appellant,v.Vinod Patel, Respondent.

Brief

44 Cited authorities

  1. Roe v. Flores-Ortega

    528 U.S. 470 (2000)   Cited 5,724 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"

  2. Jones v. Barnes

    463 U.S. 745 (1983)   Cited 11,152 times   21 Legal Analyses
    Holding that it was not ineffective assistance for appellate counsel to decline to make every nonfrivolous argument requested by the defendant

  3. 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

  4. People v. Seaberg

    74 N.Y.2d 1 (N.Y. 1989)   Cited 1,838 times   1 Legal Analyses
    Rejecting Bourne

  5. People v. Harris

    61 N.Y.2d 9 (N.Y. 1983)   Cited 1,659 times
    In People v Harris (61 N.Y.2d 9), within the context of determining whether a guilty plea was knowingly and voluntarily entered, the Court of Appeals concluded that no mandatory catechism was required.

  6. People v. Callahan

    80 N.Y.2d 273 (N.Y. 1992)   Cited 1,145 times
    Holding that "a bargained-for waiver of the right to appeal is ineffective to the extent it impairs the defendant's ability to obtain appellate review" of unwaivable claims

  7. 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

  8. People c. v. Evans

    94 N.Y.2d 499 (N.Y. 2000)   Cited 491 times
    Finding law of the case addresses judicial determinations made in course of single litigation

  9. People v. Syville

    2010 N.Y. Slip Op. 7249 (N.Y. 2010)   Cited 298 times   1 Legal Analyses
    Granting coram nobis relief

  10. Campusano v. U.S.

    442 F.3d 770 (2d Cir. 2006)   Cited 251 times   1 Legal Analyses
    Holding that "[w]hen a defendant claims that his attorney failed to file a requested notice of appeal," the first step is "a hearing before the district court pursuant to § 2255 to determine whether the client requested the appeal"

  11. 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

  12. Section 671.2 - Duration of representation by counsel for defendant

    N.Y. Comp. Codes R. & Regs. tit. 22 § 671.2   Cited 6 times

    In every criminal action or proceeding specified in section 671.1 of this Part the duration of the representation by counsel for the defendant shall be as follows: (a) in the trial court, until determination of the action or proceeding and until counsel shall have performed the additional duties imposed upon him by these rules; and (b) in the appellate court, until entry of the order determining the appeal and until counsel shall have performed the additional duties imposed upon him by these rules