45 Cited authorities

Strickland v. Washington
466 U.S. 668 (1984) Cited 135,742 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"
Anders v. California
386 U.S. 738 (1967) Cited 63,899 times 14 Legal Analyses
Holding that when counsel determines that a criminal defendant's case is "wholly frivolous," counsel must "so advise the court and request permission to withdraw"
Jones v. Barnes
463 U.S. 745 (1983) Cited 9,951 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
Boykin v. Alabama
395 U.S. 238 (1969) Cited 11,845 times 12 Legal Analyses
Holding that a silent record is insufficient for a waiver of certain specified rights not at issue here
Wood v. Georgia
450 U.S. 261 (1981) Cited 1,073 times 10 Legal Analyses
Holding the trial court violated its duty to inquire into the conflict created by the fact that the defendant's lawyer was hired and paid by a third party
People v. Seaberg
74 N.Y.2d 1 (N.Y. 1989) Cited 1,740 times 1 Legal Analyses
Noting that New York courts deem constitutional speedy trial claims unwaivable
People v. Brown
45 N.Y.2d 852 (N.Y. 1978) Cited 469 times
Holding that because, "[g]enerally, the ineffectiveness of counsel is not demonstrable on the main record,... it would be better, and in some cases essential, that an appellate attack on the effectiveness of counsel be bottomed on an evidentiary exploration by collateral or post-conviction proceedings brought under CPL 440.10"
People v. Berroa
99 N.Y.2d 134 (N.Y. 2002) Cited 109 times
In Berroa, defense counsel's out-of-court conversations with defense witnesses created the potential that she would become a witness against her client when those witnesses later gave alibi testimony contradicting what they had previously told her.
Sheppard v. State
17 So. 3d 275 (Fla. 2009) Cited 88 times
Holding that defendant cannot file a pro se extraordinary writ with the Florida Supreme Court while simultaneously being represented by counsel in an ongoing lower court proceeding
People v. Ortiz
76 N.Y.2d 652 (N.Y. 1990) Cited 126 times
During trial, former client of defense counsel confessed that he, not defendant, committed offenses which defendant was charged

The People, Respondent,v.Josue Deliser, Appellant.

45 Cited authorities

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"

Holding that when counsel determines that a criminal defendant's case is "wholly frivolous," counsel must "so advise the court and request permission to withdraw"

Holding that it was not ineffective assistance for appellate counsel to decline to make every nonfrivolous argument requested by the defendant

Holding that a silent record is insufficient for a waiver of certain specified rights not at issue here

Holding the trial court violated its duty to inquire into the conflict created by the fact that the defendant's lawyer was hired and paid by a third party

Noting that New York courts deem constitutional speedy trial claims unwaivable

In Berroa, defense counsel's out-of-court conversations with defense witnesses created the potential that she would become a witness against her client when those witnesses later gave alibi testimony contradicting what they had previously told her.

Holding that defendant cannot file a pro se extraordinary writ with the Florida Supreme Court while simultaneously being represented by counsel in an ongoing lower court proceeding

During trial, former client of defense counsel confessed that he, not defendant, committed offenses which defendant was charged