87 Cited authorities

Strickland v. Washington
466 U.S. 668 (1984) Cited 158,509 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"
Day v. McDonough
547 U.S. 198 (2006) Cited 3,434 times 1 Legal Analyses
Holding "that district courts are permitted, but not obliged, to consider, sua sponte, the timeliness of a state prisoner's habeas petition," but explaining that "before acting on its own initiative, a court must accord the parties fair notice and an opportunity to present their positions"
Mathews v. Eldridge
424 U.S. 319 (1976) Cited 15,704 times 42 Legal Analyses
Holding that a procedure based on written submissions was adequate because it included safeguards against mistake including that the agency informed the recipient of its tentative assessment and the evidence supporting it and an opportunity was then afforded the recipient to submit additional evidence "enabling him to challenge directly the accuracy of information in his file as well as the correctness of the agency's tentative conclusions"
Lassiter v. Department of Social Services
452 U.S. 18 (1981) Cited 3,576 times 5 Legal Analyses
Holding that whether the Due Process Clause requires the appointment of counsel is considered on a case-by-case basis
Central Bank of Denver v. First I.S. Bk. of Denver
511 U.S. 164 (1994) Cited 1,688 times 79 Legal Analyses
Holding that Section 10(b)’s private right of action does not include suits against aiders and abettors
McNeil v. Wisconsin
501 U.S. 171 (1991) Cited 1,800 times 6 Legal Analyses
Holding that the Sixth Amendment's right to counsel is "offense specific," and once invoked, does not automatically apply to all future charges.
Greenlaw v. United States
554 U.S. 237 (2008) Cited 755 times 5 Legal Analyses
Holding that a court of appeals may not impose sua sponte a mandatory-minimum prison term, when errantly omitted from the sentence, absent the government's cross-appeal
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."
Trest v. Cain
522 U.S. 87 (1997) Cited 737 times 2 Legal Analyses
Holding that “ court of appeals is not ‘required’ to raise the issue of procedural default sua sponte ” given that “procedural default ... is not a jurisdictional matter”
People v. Baldi
54 N.Y.2d 137 (N.Y. 1981) Cited 5,973 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.
Section 3501 - Admissibility of confessions
18 U.S.C. § 3501 Cited 988 times 7 Legal Analyses
Finding of voluntariness is possible if admission made within six hours of arrest or detention; thereafter court must find reasonable ground for delay in arraigning defendant

The People, Appellant,v.Dennis O'Kane, Respondent.

87 Cited authorities

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"

Holding "that district courts are permitted, but not obliged, to consider, sua sponte, the timeliness of a state prisoner's habeas petition," but explaining that "before acting on its own initiative, a court must accord the parties fair notice and an opportunity to present their positions"

Holding that whether the Due Process Clause requires the appointment of counsel is considered on a case-by-case basis

Holding that Section 10(b)’s private right of action does not include suits against aiders and abettors

Holding that the Sixth Amendment's right to counsel is "offense specific," and once invoked, does not automatically apply to all future charges.

Holding that a court of appeals may not impose sua sponte a mandatory-minimum prison term, when errantly omitted from the sentence, absent the government's cross-appeal

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."

Holding that “ court of appeals is not ‘required’ to raise the issue of procedural default sua sponte ” given that “procedural default ... is not a jurisdictional matter”

In Baldi, the New York State Court of Appeals expressly applied the right to effective assistance of counsel guaranteed by the federal Constitution.

Finding of voluntariness is possible if admission made within six hours of arrest or detention; thereafter court must find reasonable ground for delay in arraigning defendant