23 Cited authorities

Strickland v. Washington
466 U.S. 668 (1984) Cited 158,894 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 8,616 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
Hill v. Lockhart
474 U.S. 52 (1985) Cited 20,020 times 34 Legal Analyses
Holding that a Strickland claim can be brought to challenge a guilty plea, but rejecting the claim at issue
People v. Stultz
2 N.Y.3d 277 (N.Y. 2004) Cited 3,233 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 4,215 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. Caban
5 N.Y.3d 143 (N.Y. 2005) Cited 1,640 times
Holding conspirators' statements admissible as verbal acts to prove existence of conspiracy but not, absent independent evidence of the conspiracy, for their truth
U.S. v. Day
969 F.2d 39 (3d Cir. 1992) Cited 2,124 times
Holding so and collecting numerous court of appeals cases holding similarly
Von Moltke v. Gillies
332 U.S. 708 (1948) Cited 1,470 times
Concluding that the trial court's cursory examination of the defendant followed by the defendant's signing of a standard waiver form was inadequate under the circumstances to show a valid waiver
Lindstadt v. Keane
239 F.3d 191 (2d Cir. 2001) Cited 757 times 1 Legal Analyses
Holding that state court decision to deny ineffective assistance claim was unreasonable when Strickland prongs had been met
People v. Turner
2005 N.Y. Slip Op. 8766 (N.Y. 2005) Cited 523 times 5 Legal Analyses
Finding appellate counsel ineffective for not raising ineffectiveness of trial counsel on appeal

The People, Respondent,v.Herman Bank, Appellant.

23 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 a Strickland claim can be brought to challenge a guilty plea, but rejecting the claim at issue

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."

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

Holding so and collecting numerous court of appeals cases holding similarly

Concluding that the trial court's cursory examination of the defendant followed by the defendant's signing of a standard waiver form was inadequate under the circumstances to show a valid waiver

Holding that state court decision to deny ineffective assistance claim was unreasonable when Strickland prongs had been met

Finding appellate counsel ineffective for not raising ineffectiveness of trial counsel on appeal