61 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 133,267 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. Padilla v. Kentucky

    559 U.S. 356 (2010)   Cited 6,766 times   130 Legal Analyses
    Holding that counsel has a duty under the Sixth Amendment to inform a noncitizen defendant that his plea would make him eligible for deportation
  3. Burt v. Titlow

    571 U.S. 12 (2013)   Cited 2,266 times   6 Legal Analyses
    Holding that the Court's decision declining to set aside state court finding that a lawyer was not ineffective did not exonerate the lawyer from the fact that he “may well have violated the rules of professional conduct”
  4. Premo v. Moore

    562 U.S. 115 (2011)   Cited 1,738 times   3 Legal Analyses
    Holding that “[i]t would not have been unreasonable” for the state court to conclude that the petitioner's evidence of prejudice did not make it “reasonably likely” that the result would have been different
  5. Kimmelman v. Morrison

    477 U.S. 365 (1986)   Cited 4,839 times   7 Legal Analyses
    Holding that a claim for ineffective assistance of trial counsel is cognizable on habeas review where the petitioner alleged that his trial counsel failed to raise a meritorious argument to exclude evidence seized in an unconstitutional search
  6. People v. Bleakley

    69 N.Y.2d 490 (N.Y. 1987)   Cited 9,759 times   2 Legal Analyses
    Holding that the Appellate Division committed reversible error when it "avoid[ed] its exclusive statutory authority to review the weight of the evidence in criminal cases"
  7. People v. Stultz

    2 N.Y.3d 277 (N.Y. 2004)   Cited 2,939 times   2 Legal Analyses
    Holding "a defendant's showing of prejudice [to be] a significant but not indispensable element in assessing meaningful representation," focusing instead on "the fairness of the proceedings as a whole"
  8. People v. Benevento

    91 N.Y.2d 708 (N.Y. 1998)   Cited 3,720 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. Baldi

    54 N.Y.2d 137 (N.Y. 1981)   Cited 5,520 times   6 Legal Analyses
    In Baldi, the New York State Court of Appeals expressly applied the right to effective assistance of counsel guaranteed by the federal Constitution. 54 N.Y.2d at 146.
  10. People v. Caban

    5 N.Y.3d 143 (N.Y. 2005)   Cited 1,308 times
    Holding conspirators' statements admissible as verbal acts to prove existence of conspiracy but not, absent independent evidence of the conspiracy, for their truth