116 Cited authorities

  1. Kimmelman v. Morrison

    477 U.S. 365 (1986)   Cited 5,487 times   7 Legal Analyses
    Holding that the defendant must show that "the challenged action was not sound strategy"
  2. U.S. v. Gonzalez-Lopez

    548 U.S. 140 (2006)   Cited 1,956 times   13 Legal Analyses
    Holding that a violation of the Sixth Amendment right to counsel of choice does not require showing prejudice
  3. Cuyler v. Sullivan

    446 U.S. 335 (1980)   Cited 5,512 times   19 Legal Analyses
    Holding that prejudice is presumed when a defendant establishes his attorney operated under an actual conflict of interest arising from concurrent representation of multiple clients which adversely affected the attorney's performance
  4. Mickens v. Taylor

    535 U.S. 162 (2002)   Cited 1,766 times   6 Legal Analyses
    Holding that he denial of habeas relief must be affirmed where petitioner fails "to establish that the conflict of interest adversely affected his counsel's performance"
  5. People v. Benevento

    91 N.Y.2d 708 (N.Y. 1998)   Cited 4,097 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."
  6. Wood v. Georgia

    450 U.S. 261 (1981)   Cited 1,173 times   10 Legal Analyses
    Holding the trial court violated its duty to inquire into the conflict created by the fact that the defendant's lawyer was hired and paid by a third party
  7. People v. Baldi

    54 N.Y.2d 137 (N.Y. 1981)   Cited 5,846 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.
  8. People v. Crimmins

    36 N.Y.2d 230 (N.Y. 1975)   Cited 5,565 times   5 Legal Analyses
    Holding that an error is prejudicial "if an appellate court concludes that there is a significant probability, rather than only a rational possibility, in the particular case that the jury would have acquitted the defendant had it not been for the error or errors which occurred"
  9. Geders v. United States

    425 U.S. 80 (1976)   Cited 912 times   5 Legal Analyses
    Holding that trial court's order prohibiting defendant from consulting with his attorney during an overnight trial recess violated the Sixth Amendment
  10. People v. Rivera

    71 N.Y.2d 705 (N.Y. 1988)   Cited 1,782 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