47 Cited authorities

  1. Padilla v. Kentucky

    559 U.S. 356 (2010)   Cited 8,562 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
  2. Hill v. Lockhart

    474 U.S. 52 (1985)   Cited 19,925 times   34 Legal Analyses
    Holding that a Strickland claim can be brought to challenge a guilty plea, but rejecting the claim at issue
  3. North Carolina v. Alford

    400 U.S. 25 (1970)   Cited 10,618 times   6 Legal Analyses
    Holding that an individual may "consent to the imposition of a prison sentence" despite maintaining that he is innocent of the charged crime
  4. Hinton v. Alabama

    571 U.S. 263 (2014)   Cited 833 times   1 Legal Analyses
    Holding that counsel rendered ineffective assistance by failing apparently to understand relevant law relating to expert testimony at trial
  5. People v. Lopez

    71 N.Y.2d 662 (N.Y. 1988)   Cited 2,846 times   3 Legal Analyses
    In Lopez, the New York Court of Appeals recognized "the rare case" where a defendant's plea allocution "casts significant doubt upon the defendant's guilt or otherwise calls into question the voluntariness of the plea[.]"
  6. People v. Ford

    86 N.Y.2d 397 (N.Y. 1995)   Cited 1,244 times   3 Legal Analyses
    In Ford, the court held that due process requires that the record must be clear that the plea represents a voluntary and intelligent choice among the alternative courses of action open to the defendant.
  7. People v. Peque

    2013 N.Y. Slip Op. 7651 (N.Y. 2013)   Cited 622 times
    Holding that New York trial courts must inform the defendant of the immigration consequences of pleading guilty to a felony and that a failure to do so could provide a basis for withdrawing or vacating the guilty plea
  8. Matter of Silmon v. Travis

    95 N.Y.2d 470 (N.Y. 2000)   Cited 617 times
    Stating that, under New York law, Alford pleas are permitted only where “the record before the court contains strong evidence of actual guilt,” and observing that they “may generally be used for the same purposes as any other conviction,” including “in determining predicate felon status for sentencing”
  9. Cullen v. U.S.

    194 F.3d 401 (2d Cir. 1999)   Cited 455 times   1 Legal Analyses
    Holding that simply to review the magistrate judge's determination “would elevate the recommended ruling of the Magistrate Judge to a final ruling and undermine section 636(b)'s requirement of a de novo determination by the District Court”
  10. U.S. v. Gordon

    156 F.3d 376 (2d Cir. 1998)   Cited 470 times   1 Legal Analyses
    Holding that petitioner suffered prejudice "if his reliance on [counsel's] advice affected the outcome of the proceedings"