§Why CasetextPricing

The People, Respondent,v.Jocelyn Clermont, Appellant.

Brief

52 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 158,573 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. Williams v. Taylor

    529 U.S. 362 (2000)   Cited 37,729 times   66 Legal Analyses
    Holding that counsel's performance was deficient when their investigation failed to uncover "extensive records" filled with mitigation evidence concerning the defendant's family history, education, mental health, and rehabilitation

  3. Kimmelman v. Morrison

    477 U.S. 365 (1986)   Cited 5,803 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

  4. 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."

  5. People v. Baldi

    54 N.Y.2d 137 (N.Y. 1981)   Cited 5,974 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.

  6. People v. Rivera

    71 N.Y.2d 705 (N.Y. 1988)   Cited 1,828 times
    Holding petitioner who failed to show "the absence of strategic or other legitimate explanations" for counsels' alleged shortcoming did not have viable claim to constitutionally ineffective counsel

  7. 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.

  8. 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

  9. Henry v. Poole

    409 F.3d 48 (2d Cir. 2005)   Cited 441 times   1 Legal Analyses
    Holding that in order to sustain a claim for ineffective assistance of counsel, a defendant must establish that “absent [counsel's] errors, the factfinder would have had a reasonable doubt respecting guilt”

  10. People v. Ramirez

    88 N.Y.2d 99 (N.Y. 1996)   Cited 526 times   1 Legal Analyses
    Finding the fellow officer rule provides that even if an arresting officer lacks personal knowledge sufficient to establish probable cause, the arrest will be lawful if the officer acts upon the direction of or as a result of communication with a superior or fellow officer or another police department provided that the police as a whole were in possession of information sufficient to constitute probable cause