§Why CasetextPricing

The People, Respondent,v.Marcos Llibre, Appellant.

Brief

40 Cited authorities

  1. Strickland v. Washington

    466 U.S. 668 (1984)   Cited 158,768 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. Roe v. Flores-Ortega

    528 U.S. 470 (2000)   Cited 5,724 times   18 Legal Analyses
    Holding in criminal habeas context that counsel's failure to file a timely appeal is presumptively prejudicial, with no need for a "further showing from the defendant of the merits of his underlying claims"

  3. Penson v. Ohio

    488 U.S. 75 (1988)   Cited 9,842 times   2 Legal Analyses
    Holding that "the presumption of prejudice must extend as well to the denial of counsel on appeal" when the granting of an attorney's motion to withdraw had left the petitioner "entirely without the assistance of counsel on appeal"

  4. Jones v. Barnes

    463 U.S. 745 (1983)   Cited 11,152 times   21 Legal Analyses
    Holding that it was not ineffective assistance for appellate counsel to decline to make every nonfrivolous argument requested by the defendant

  5. Evitts v. Lucey

    469 U.S. 387 (1985)   Cited 4,492 times   11 Legal Analyses
    Holding that the right to effective assistance of counsel includes the right to effective assistance of appellate counsel

  6. People v. Lopez

    2006 N.Y. Slip Op. 1195 (N.Y. 2006)   Cited 3,890 times   1 Legal Analyses
    Holding that an appeal waiver encompasses "any issue that does not involve a right of constitutional dimension going to "the very heart of the process," and ruling that a valid appeal waiver precludes review of claims that a sentence is harsh or excessive

  7. 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."

  8. People v. Bradshaw

    2011 N.Y. Slip Op. 8963 (N.Y. 2011)   Cited 1,390 times
    Requiring colloquy before accepting waivers of right to appeal

  9. People v. Caban

    5 N.Y.3d 143 (N.Y. 2005)   Cited 1,638 times
    Holding conspirators' statements admissible as verbal acts to prove existence of conspiracy but not, absent independent evidence of the conspiracy, for their truth

  10. People v. Crimmins

    36 N.Y.2d 230 (N.Y. 1975)   Cited 5,687 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"

  11. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 7,882 times   40 Legal Analyses
    Granting this discretion to the Attorney General

  12. Section 606.5 - Duties of counsel with respect to representation of defendants in criminal actions

    N.Y. Comp. Codes R. & Regs. tit. 22 § 606.5   Cited 27 times

    (a) Duties of assigned or retained counsel. (1) It shall be the duty of counsel assigned to or retained for the defense of a defendant in a criminal action or proceeding to represent defendant in the trial court until the action or proceeding has been terminated in that court, and to comply with the provisions of paragraph (b)(1) or (d)(2) of this section, after which the duties of assigned counsel shall be ended. (2) It shall be the duty of counsel assigned to prosecute or defend an appeal on behalf

  13. Section 671.3 - Additional duties of defendant's counsel in the trial court

    N.Y. Comp. Codes R. & Regs. tit. 22 § 671.3   Cited 22 times

    (a) Upon conviction in the trial court or upon denial in that court of a motion made pursuant to C PL 440.10 or 440.20 or the denial or dismissal of an application in a habeas corpus or CPLR article 78 proceeding, it shall be the duty of the counsel for the defendant, immediately after the pronouncement of sentence or after service upon him of a copy of the order denying the motion or of the order or judgment denying or dismissing the application, to give, either by mail or personally, written notice

  14. Section 821.2 - Notification of right to appeal or to apply for a certificate granting leave to appeal

    N.Y. Comp. Codes R. & Regs. tit. 22 § 821.2   Cited 10 times

    (a) After conviction or denial of post-conviction or habeas corpus relief. Where there has been a conviction after trial or otherwise, or where there has been an adverse decision upon an application for a writ of habeas corpus or upon a motion made pursuant to section 440.10 or section 440.20, Criminal Procedure Law, it shall be the duty of counsel, retained or assigned, and of the public defender, immediately after the pronouncement of sentence or the service of a copy of a judgment or order disposing