52 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 136,002 times   173 Legal Analyses
    Holding that prejudice for IAC claims requires showing "that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different"
  2. Williams v. Taylor

    529 U.S. 362 (2000)   Cited 32,449 times   66 Legal Analyses
    Holding that counsel's failure to investigate and present mitigating evidence was deficient even though "not all of the additional evidence was favorable to Williams"
  3. Kimmelman v. Morrison

    477 U.S. 365 (1986)   Cited 4,966 times   7 Legal Analyses
    Holding that the defendant must show that "the challenged action was not sound strategy"
  4. People v. Benevento

    91 N.Y.2d 708 (N.Y. 1998)   Cited 3,679 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 5,485 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. 54 N.Y.2d at 146.
  6. People v. Rivera

    71 N.Y.2d 705 (N.Y. 1988)   Cited 1,615 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 2,074 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 472 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 398 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 470 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