61 Cited authorities

Strickland v. Washington
466 U.S. 668 (1984) Cited 158,650 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"
Padilla v. Kentucky
559 U.S. 356 (2010) Cited 8,603 times 131 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
Burt v. Titlow
571 U.S. 12 (2013) Cited 3,753 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”
Premo v. Moore
562 U.S. 115 (2011) Cited 2,278 times 3 Legal Analyses
Holding that the Ninth Circuit erred in granting habeas relief because the state court's decision was not an unreasonable application of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674
Kimmelman v. Morrison
477 U.S. 365 (1986) Cited 5,806 times 7 Legal Analyses
Holding that, if trial counsel's failure to litigate a constitutional claim competently "is the principal allegation of ineffectiveness," petitioner must also prove that the underlying constitutional claim is meritorious
People v. Bleakley
69 N.Y.2d 490 (N.Y. 1987) Cited 11,295 times 3 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"
People v. Stultz
2 N.Y.3d 277 (N.Y. 2004) Cited 3,232 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"
People v. Benevento
91 N.Y.2d 708 (N.Y. 1998) Cited 4,214 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."
People v. Baldi
54 N.Y.2d 137 (N.Y. 1981) Cited 5,975 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.
People v. Caban
5 N.Y.3d 143 (N.Y. 2005) Cited 1,638 times
Holding conspirators' statements admissible as verbal acts to prove existence of conspiracy but not, absent independent evidence of the conspiracy, for their truth

The People, Respondent,v.Mark Boyd, Appellant.

61 Cited authorities

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"

Holding that counsel has a duty under the Sixth Amendment to inform a noncitizen defendant that his plea would make him eligible for deportation

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”

Holding that the Ninth Circuit erred in granting habeas relief because the state court's decision was not an unreasonable application of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674

Holding that, if trial counsel's failure to litigate a constitutional claim competently "is the principal allegation of ineffectiveness," petitioner must also prove that the underlying constitutional claim is meritorious

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"

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"

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."

In Baldi, the New York State Court of Appeals expressly applied the right to effective assistance of counsel guaranteed by the federal Constitution.

Holding conspirators' statements admissible as verbal acts to prove existence of conspiracy but not, absent independent evidence of the conspiracy, for their truth