29 Cited authorities

Baldwin v. Reese
541 U.S. 27 (2004) Cited 5,819 times 2 Legal Analyses
Holding that "ordinarily a state prisoner does not ‘fairly present’ a claim to a state court if that court must read beyond a petition or a brief (or a similar document) that does not alert it to the presence of a federal claim in order to find material ... that does so"
Duncan v. Henry
513 U.S. 364 (1995) Cited 8,043 times 3 Legal Analyses
Holding a claim raised in a state-court proceeding must be presented to that court as a federal constitutional claim or it is not exhausted for federal habeas corpus purposes
Roe v. Flores-Ortega
528 U.S. 470 (2000) Cited 5,728 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"
Picard v. Connor
404 U.S. 270 (1971) Cited 12,682 times 7 Legal Analyses
Holding that to preserve federal claim for habeas review, "the federal claim must be fairly presented to the state courts"
North Carolina v. Alford
400 U.S. 25 (1970) Cited 10,654 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
Cuyler v. Sullivan
446 U.S. 335 (1980) Cited 5,705 times 19 Legal Analyses
Holding that prejudice is presumed when a defendant establishes his attorney operated under an actual conflict of interest arising from concurrent representation of multiple clients which adversely affected the attorney's performance
Evitts v. Lucey
469 U.S. 387 (1985) Cited 4,492 times 11 Legal Analyses
Holding that the right to effective assistance of counsel includes the right to effective assistance of appellate counsel
Gideon v. Wainwright
372 U.S. 335 (1963) Cited 8,393 times 22 Legal Analyses
Holding that the Sixth Amendment requires counsel in all state felony prosecutions
Ross v. Moffitt
417 U.S. 600 (1974) Cited 1,577 times 1 Legal Analyses
Holding criminal defendant's right to counsel at trial to be "fundamental"
Wainwright v. Torna
455 U.S. 586 (1982) Cited 935 times 3 Legal Analyses
Holding that "a criminal defendant does not have a constitutional right to counsel to pursue discretionary state appeals or applications for review in th[e Supreme] Court," and, absent a constitutional right to counsel, an attorney's failings cannot give rise to a constitutional claim of ineffective assistance
Section 2254 - State custody; remedies in Federal courts
28 U.S.C. § 2254 Cited 204,450 times 341 Legal Analyses
Holding that "a determination of a factual issue made by a State court shall be presumed to be correct" and "[t]he applicant shall have the burden of rebutting the presumption of correctness by clear and convincing evidence"

The People, Respondent,v.Kevin Kruger, Appellant.

29 Cited authorities

Holding that "ordinarily a state prisoner does not ‘fairly present’ a claim to a state court if that court must read beyond a petition or a brief (or a similar document) that does not alert it to the presence of a federal claim in order to find material ... that does so"

Holding a claim raised in a state-court proceeding must be presented to that court as a federal constitutional claim or it is not exhausted for federal habeas corpus purposes

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"

Holding that to preserve federal claim for habeas review, "the federal claim must be fairly presented to the state courts"

Holding that an individual may "consent to the imposition of a prison sentence" despite maintaining that he is innocent of the charged crime

Holding that prejudice is presumed when a defendant establishes his attorney operated under an actual conflict of interest arising from concurrent representation of multiple clients which adversely affected the attorney's performance

Holding that the right to effective assistance of counsel includes the right to effective assistance of appellate counsel

Holding that the Sixth Amendment requires counsel in all state felony prosecutions

Holding criminal defendant's right to counsel at trial to be "fundamental"

Holding that "a determination of a factual issue made by a State court shall be presumed to be correct" and "[t]he applicant shall have the burden of rebutting the presumption of correctness by clear and convincing evidence"