27 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 158,532 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"
  2. Bell v. Cone

    535 U.S. 685 (2002)   Cited 9,802 times   14 Legal Analyses
    Holding that state court adjudication that “correctly identified the principles announced [by the Supreme Court] as those governing the analysis ... was [not] contrary to ... clearly established law”
  3. Smith v. Robbins

    528 U.S. 259 (2000)   Cited 8,533 times   12 Legal Analyses
    Holding that "the proper standard for evaluating claim that appellate counsel was ineffective ... is that enunciated in Strickland"
  4. United States v. Cronic

    466 U.S. 648 (1984)   Cited 7,353 times   30 Legal Analyses
    Holding defendant is constructively denied counsel during critical stage of criminal proceedings where counsel, inter alia, "fails to subject the prosecution's case to meaningful adversarial testing"
  5. Gagnon v. Scarpelli

    411 U.S. 778 (1973)   Cited 5,192 times   3 Legal Analyses
    Holding that probation revocation is not a stage of criminal prosecution
  6. Florida v. Nixon

    543 U.S. 175 (2004)   Cited 1,162 times   8 Legal Analyses
    Holding that counsel provided effective assistance when he conceded the defendant's guilt during a capital murder trial while maintaining the right to cross-examine the prosecution's witnesses, because this was acceptable strategy to focus his preparation on finding and presenting mitigating evidence during the penalty phase in an attempt to ward off the death penalty
  7. People v. Benevento

    91 N.Y.2d 708 (N.Y. 1998)   Cited 4,212 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."
  8. People v. Baldi

    54 N.Y.2d 137 (N.Y. 1981)   Cited 5,973 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.
  9. People v. De Bour

    40 N.Y.2d 210 (N.Y. 1976)   Cited 2,267 times   6 Legal Analyses
    In People v. LaPene, 352 N.E.2d 562 (N.Y. 1976), the New York Court of Appeals laid out a sliding scale of justifiable police intrusion, short of probable cause to arrest, which specified three distinct levels of intrusion correlating the allowable intensity of police conduct to the nature and weight of the facts precipitating the intrusion.
  10. People v. Turner

    2005 N.Y. Slip Op. 8766 (N.Y. 2005)   Cited 522 times   5 Legal Analyses
    Finding appellate counsel ineffective for not raising ineffectiveness of trial counsel on appeal
  11. Section 750 - Power of courts to punish for criminal contempts

    N.Y. Jud. Law § 750   Cited 469 times

    A. A court of record has power to punish for a criminal contempt, a person guilty of any of the following acts, and no others: 1. Disorderly, contemptuous, or insolent behavior, committed during its sitting, in its immediate view and presence, and directly tending to interrupt its proceedings, or to impair the respect due to its authority. 2. Breach of the peace, noise, or other disturbance, directly tending to interrupt its proceedings. 3. Wilful disobedience to its lawful mandate. 4. Resistance