§Why CasetextPricing

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

Brief

45 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 158,786 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 9,826 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. Illinois v. Wardlow

    528 U.S. 119 (2000)   Cited 5,089 times   32 Legal Analyses
    Holding "refusal to cooperate, without more, does not furnish the minimal level of objective justification needed for a detention or seizure." (quoting Florida v. Bostick, 501 U.S. 429, 437 (1991))

  4. 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."

  5. People v. Baldi

    54 N.Y.2d 137 (N.Y. 1981)   Cited 5,975 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. Caban

    5 N.Y.3d 143 (N.Y. 2005)   Cited 1,639 times
    Holding conspirators' statements admissible as verbal acts to prove existence of conspiracy but not, absent independent evidence of the conspiracy, for their truth

  7. People v. Rivera

    71 N.Y.2d 705 (N.Y. 1988)   Cited 1,831 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

  8. People v. De Bour

    40 N.Y.2d 210 (N.Y. 1976)   Cited 2,271 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.

  9. 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

  10. People v. Hollman

    79 N.Y.2d 181 (N.Y. 1992)   Cited 780 times   4 Legal Analyses
    Holding that reasonable suspicion was required before narcotics officers could approach a passenger in a bus terminal and ask for permission to search the person's bag