Ineffective Assistance of Counsel

• Deal or no deal? Remedying ineffective assistance of counsel during plea bargaining.

NOTE CONTENTS INTRODUCTION I. OVERVIEW OF THE RIGHT TO COUNSEL DURING PLEA BARGAINING II. NO HARM, NO FOUL: THE CASE AGAINST PREJUDICE A. The Difficul...

• Yale Law Journal
• Vol. 120 Nbr. 6, April 2011

• Ineffective Assistance of Counsel in Plea Bargain Negotiations

Criminal defendants have a constitutional right to counsel. The Supreme Court has interpreted the Sixth Amendment Right to Counsel Clause to mean that criminal defendants have the right to "effective assistance of counsel." In Strickland v Washington, the Court held that the assistance provided to a criminal defendant is ineffective if the counsel's performance was "deficient" and the deficient performance "prejudiced" the defense so as to deprive the defendant of a fair trial. In Williams v Jones, the US Court of Appeals for the Tenth Circuit considered a unique question: whether a defendant's murder conviction should be reversed or his sentence set aside where his counsel's assistance in plea bargain negotiations was deficient, notwithstanding his conviction following a fair trial. Th...

• Brigham Young University Law Review
• Vol. 2010 Nbr. 1, January 2010

• State v. Group, (Ohio 2011)

Death penalty; aggravated murder; post-conviction petition; right to discovery in post-conviction proceedings; ineffective assistance of counsel res judicata.

• Ohio Supreme Court

• Ineffective Assistance of Counsel

A criminal defendant was not denied the effective assistance of counsel where his attorney chose methods other than expert testimony to create a reasonable doubt as to his guilt, and a denial of his habeas petition without explanation was reasonable. See "Justices: Defendant not denied effective counsel.

• Lawyers USA
• January 26, 2011

• Monroe County Court Judge Rejects Ineffective Assistance of Counsel Claim

Citing ineffective assistance of counsel, a jurisdictionally defective indictment, illegal pleas and a number of other allegations, a defendant moved to vacate a judgment of conviction entered after he pleaded guilty to two charges. In People v. Raphael Coley, Monroe County Court Judge Frank P. Geraci reviewed each of the defendant's arguments before denying the motion. The judge concluded the defendant failed to offer any evidence to support his contention that he was forced into pleading guilty or that he received ineffective assistance of counsel from his attorneys.

• Daily Record (Rochester, NY)
• August 16, 2005

• Groups Urge U-Turn On Ineffective Assistance of Counsel Rule

A coalition of attorneys and immigration advocates urged Attorney General Eric Holder to vacate a ruling by his predecessor that defendants in removal hearings cannot make Fifth Amendment claims of ineffective assistance of counsel. The decision brought to a halt one of the most common bases for appealing deportation decisions.

• Lawyers USA
• February 09, 2009

• Too little, too late: ineffective assistance of counsel, the duty to investigate, and pretrial discovery in criminal cases.

Where money is involved, all parties receive all relevant information from their adversaries upon request; but where individual liberty is at stake, s...

• Fordham Urban Law Journal
• Vol. 31 Nbr. 4, May 2004

• Ineffective Assistance of Counsel Claim Denied

Should the prosecution's request to sentence the defendant as a second felony offender be denied on the grounds that the defendant received ineffective assistance of counsel during a 1993 plea? This was the issue before New York State Supreme Court Judge David Egan in People v. Anthony R. Reid. The defendant moved for an order denying the prosecution's application to sentence him as a second felony offender on the grounds that he received ineffective assistance of counsel. He pleaded guilty to Attempted Criminal Sale of a Controlled Substance in the Third Degree in October 2003 and was also convicted of Assault in the Second Degree in 1993.

• Daily Record (Rochester, NY)
• April 23, 2004

• Dealing in stolen property, grand theft, and ineffective assistance of counsel.

How many times has this case come across your desk? The client, wittingly or not, buys or receives stolen property and pawns it. Or a friend (we'll ca...

• Florida Bar Journal
• Vol. 82 Nbr. 3, March 2008

• Ineffective Assistance of Counsel Claim Dismissed

In challenging his convictions for felony murder and robbery, the U.S. District Court for the Western District of New York determined the petitioner, Eli Lewis, failed to provide sufficient evidence that he received ineffective assistance of counsel from his trial and appellate attorneys. Based on this determination, Judge David G. Larimer in Eli Lewis v. Floyd G. Bennett denied Lewis' request for habeas relief. In addition, the judge also upheld the trial court's sentence of 20 years to life on the murder charge and 10 to 20 years on each of the first degree robbery charges.

• Daily Record (Rochester, NY)
• July 27, 2004