News & Analysis as of

Ineffective Assistance of Counsel

District Court Must Consider Significant Disparity Between Plea Offer and Ultimate Sentence When Assessing Ineffective Assistance...

In Reese v. United States, 16-516, the Second Circuit (Pooler, Wesley, Carney) vacated by summary order the order of the U.S. District Court for the Southern District of New York (Marrero, J.) denying Reese’s petition to...more

The Supreme Court - April, 2017

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in two cases today: McLane Co. v. EEOC, No. 15-1248: Damiana Ochoa filed a discrimination charge against petitioner McLane Co. when she was terminated after...more

The Supreme Court - June 2016

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in two cases on June 6, 2016: Simmons v. Himmelreich, No. 15-109: Respondent Walter Himmelreich, an inmate at a federal prison, brought two suits against prison...more

If I wasn't happy with my lawyer, can I appeal and show evidence I wanted to present?  [Video]

by Jaburg Wilk on

Phoenix business law firm Jaburg Wilk's Appellate practice chair Kathi Sandweiss discusses whether you are able to appeal if you did not think your lawyer did a good job and want to present different evidence. For more...more

Holding of Padilla v. Kentucky to be Incorporated Into Federal Rules of Criminal Procedure

In 2010, the Supreme Court of the United States, in the case of Padilla v. Kentucky, held that a defense attorney’s failure to advise the defendant concerning the risk of removal fell below the objective standard of...more

Mandatory Relief from Summary Judgment? Courts Are Still Split.

by Archer Norris PLC on

Code of Civil Procedure section 473, subdivision (b) requires a court, under certain circumstances, to grant relief from default or dismissal that results from counsel’s mistake, inadvertence, surprise, or neglect. In a...more

Padilla v. Kentucky Held Retroactive in Massachusetts

On September 13, 2013, the Massachusetts Supreme Judicial Court (SJC), in Commonwealth v. Sylvain, held that the duty of defense counsel to accurately advise noncitizens clients of immigration consequences, as announced in...more

Padilla v. Kentucky Not Retroactive

On February 20, 2013, The U.S. Supreme Court declined to apply retroactively a 2010 ruling (Padilla v. Kentucky) that requires attorneys to tell immigrant clients that they can be deported if they plead guilty to certain...more

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Cybersecurity

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