§Why CasetextPricing

The People, Respondent,v.Mario Arjune, Appellant.

Brief

27 Cited authorities

  1. Wiggins v. Smith

    539 U.S. 510 (2003)   Cited 9,463 times   45 Legal Analyses
    Holding that counsel's performance was deficient when they failed to expand their investigation into the defendant's life history "after having acquired only rudimentary knowledge of his history from a narrow set of sources," especially when those sources indicated the existence of helpful mitigation evidence

  2. Roe v. Flores-Ortega

    528 U.S. 470 (2000)   Cited 5,720 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"

  3. Evitts v. Lucey

    469 U.S. 387 (1985)   Cited 4,485 times   11 Legal Analyses
    Holding that the right to effective assistance of counsel includes the right to effective assistance of appellate counsel

  4. Maples v. Thomas

    565 U.S. 266 (2012)   Cited 887 times
    Holding that "counsel's near-total failure to communicate with petitioner or to respond to petitioner's many inquiries and requests" was tantamount to abandonment and enough to "lift the state procedural bar to his federal petition"

  5. 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"

  6. Douglas v. California

    372 U.S. 353 (1963)   Cited 2,780 times   8 Legal Analyses
    Holding States must appoint counsel on a prisoner's first appeal

  7. People v. Gonzalez

    47 N.Y.2d 606 (N.Y. 1979)   Cited 6,016 times
    Remanding to the Appellate Division for de novo consideration of the appeal following High v. Rhay, 519 F.2d 109, 113 (9th Cir. 1975)

  8. People v. Stokes

    95 N.Y.2d 633 (N.Y. 2001)   Cited 965 times
    Observing that "the procedures adopted by New York courts closely parallel and are clearly modeled upon the procedure set forth by the Supreme Court in Anders"

  9. People v. Syville

    2010 N.Y. Slip Op. 7249 (N.Y. 2010)   Cited 298 times   1 Legal Analyses
    Granting coram nobis relief

  10. Campusano v. U.S.

    442 F.3d 770 (2d Cir. 2006)   Cited 250 times   1 Legal Analyses
    Holding that "[w]hen a defendant claims that his attorney failed to file a requested notice of appeal," the first step is "a hearing before the district court pursuant to § 2255 to determine whether the client requested the appeal"

  11. Section 606.5 - Duties of counsel with respect to representation of defendants in criminal actions

    N.Y. Comp. Codes R. & Regs. tit. 22 § 606.5   Cited 27 times

    (a) Duties of assigned or retained counsel. (1) It shall be the duty of counsel assigned to or retained for the defense of a defendant in a criminal action or proceeding to represent defendant in the trial court until the action or proceeding has been terminated in that court, and to comply with the provisions of paragraph (b)(1) or (d)(2) of this section, after which the duties of assigned counsel shall be ended. (2) It shall be the duty of counsel assigned to prosecute or defend an appeal on behalf

  12. Section 671.3 - Additional duties of defendant's counsel in the trial court

    N.Y. Comp. Codes R. & Regs. tit. 22 § 671.3   Cited 22 times

    (a) Upon conviction in the trial court or upon denial in that court of a motion made pursuant to C PL 440.10 or 440.20 or the denial or dismissal of an application in a habeas corpus or CPLR article 78 proceeding, it shall be the duty of the counsel for the defendant, immediately after the pronouncement of sentence or after service upon him of a copy of the order denying the motion or of the order or judgment denying or dismissing the application, to give, either by mail or personally, written notice

  13. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation

  14. Rule 26.10 - Duty of the court after notice of appeal

    Ala. R. Crim. P. 26.10

    After the court has informed the defendant of defendant's right to appeal as provided by Rule 26.9(b)(4), and where timely notice of appeal is given by the defendant and upon a finding of indigency by the court, the court shall enter an order appointing counsel to represent the defendant on appeal if the defendant so desires, and shall order that a certified copy of the record and reporter's transcript be provided without cost, if the appeal is from a judgment and sentence of the circuit court. 351