News & Analysis as of

Ineffective Assistance of Counsel

Dorsey & Whitney LLP

The Supreme Court Update - May 30, 2024

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The Supreme Court of the United States issued three decisions today: Cantero v. Bank of America, N.A., No. 22-529: This case addresses the standard for determining when state laws that regulate national banks are...more

Patterson Belknap Webb & Tyler LLP

Over Dissent, Circuit Embraces Strict “Collateral/Direct” Distinction for Ineffective Assistance of Counsel Claims

In Padilla v. Kentucky, 559 U.S. 356 (2010), the Supreme Court held that attorneys must advise their noncitizen clients of the risk of deportation arising from criminal conviction, and that the failure to do so violates the...more

Dorsey & Whitney LLP

The Supreme Court - June 22, 2022

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Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc., No. 20-1641: This case concerns the interpretation of the Medicare Secondary Payer Act’s (MSPA) anti-discrimination provisions regarding individuals with...more

Barnea Jaffa Lande & Co.

Israeli Supreme Court Limits Possibility of Pleading Reliance on Assistance of Counsel as Defense against Indictment

In a ruling handed down a few days ago, the Israeli Supreme Court ruled that a release from criminal liability on the grounds of reliance on assistance of counsel shall not apply when an attorney fails to warn about the...more

Fox Rothschild LLP

Another Smorgasbord Of Opinions From The Court Of Appeals

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On May 3, 2022, the North Carolina Court of Appeals issued a large batch of opinions. By my count, twenty-two were published and thirty were unpublished. While history may prove me wrong, none of the published opinions...more

Weber Gallagher Simpson Stapleton Fires &...

Judge Affirms Denial of Claim Petition and Dismisses Allegation of Ineffective Assistance of Counsel

In an unreported decision from the Appellate Division (Melendez v. Burger King, decided on June 23, 2021), the court affirmed the decision of the Judge dismissing the petitioner’s Claim Petition finding that she lacked...more

Dorsey & Whitney LLP

The Supreme Court - March 29, 2021

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Today, the Supreme Court of the United States issued the following decision: Mays v. Hines, No. 20-507: A Tennessee jury convicted respondent Anthony Hines of murdering a woman at the motel at which she worked. Decades...more

Dorsey & Whitney LLP

The Supreme Court - December 14, 2020

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Today, the Supreme Court of the United States issued the following two decisions: Texas v. New Mexico, No. 65, Orig.: The States of New Mexico and Texas are parties to the 1949 Pecos River Compact, which provides for...more

Patterson Belknap Webb & Tyler LLP

Hating The Game: Counsel’s Strategic Concessions in Rapper-Related Shooting Case Cannot Support IAC Claim

In United States v. Rosemond, 18-3561-cr (May 1, 2020) (Sack, Chin, Bianco), the Second Circuit held principally that Defendant-Appellant James R. Rosemond’s Sixth Amendment “Right to Autonomy” was not violated when his...more

Patterson Belknap Webb & Tyler LLP

Failure to Challenge Eyewitness ID Evidence is Ineffective, Circuit Finds

On April 15, 2020, the Second Circuit (Rakoff, by designation, Sack, Hall) vacated the conviction of Ralph Nolan, who was convicted of conspiracy and attempt to commit a Hobbs Act robbery, on ineffective assistance of counsel...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Remands Ineffective Assistance Claim for Lawyer’s Failure to Apprise Naturalized U.S. Citizen of Denaturalization...

In Rodriguez v. United States, the Second Circuit remanded the case to the district court to hear evidence on a defendant’s application to vacate her guilty plea, on the grounds that she would not have entered into the plea...more

Dorsey & Whitney LLP

The Supreme Court - April 17, 2018

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The Supreme Court of the United States issued three decisions yesterday - United States v. Microsoft Corp., No. 17-2: Federal law enforcement agents obtained a warrant under 18 U.S.C. §2703, requiring Microsoft to...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Reminds Courts They Must Advise Defendants of the Immigration Consequences of Guilty Pleas

In United States v. Gonzales, 16-4318 (March 13, 2018), the Second Circuit (Sack, Parker, Carney) in a per curiam order vacated the conviction of a defendant who had pled guilty without being informed that he was likely to be...more

Patterson Belknap Webb & Tyler LLP

Section 2255 Petition Challenging Ineffectiveness Of Trial Counsel Denied

Last week, in Weingarten v. United States, the Second Circuit denied the Section 2255 petition of a convicted child sex offender, who claimed that his counsel had rendered ineffective assistance by failing to challenge the...more

Cozen O'Connor

U.S. Supreme Court Rules for Immigrant Who Received Bad Advice from Lawyer

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On Friday, June 23, 2017, the U.S. Supreme Court ruled in favor of a green card holder who pleaded guilty to a crime based on faulty advice from his attorney. Jae Lee, 48, told the high court that he pleaded guilty to a crime...more

Dorsey & Whitney LLP

The Supreme Court - June 22, 2017

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Maslenjak v. United States, No. 16-309: Petitioner Divna Maslenjak, an ethnic Serb who immigrated to the United States in 2000 and became a naturalized U.S. citizen in 2007, was convicted under 18 U.S.C. §1425(a) for...more

Patterson Belknap Webb & Tyler LLP

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

Dorsey & Whitney LLP

The Supreme Court - April, 2017

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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

Dorsey & Whitney LLP

The Supreme Court - June 2016

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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

Jaburg Wilk

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

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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

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