ineffective assistance of counsel florida

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4.524 documents for ineffective assistance of counsel florida

- Florida v. Nixon, 543 U.S. ___ (2004)
..., Nixon gave Corin very little, if any, assistance or direction in preparing the case. . When trial..., automatically ranks as prejudicial ineffective assistance of counsel necessitating a new trial un...
- U.S. Supreme Court
- Proposed Appellate Court Rule change dealing with ineffective assistance of appellate counsel.
The Appellate Court Rules Committee invites comment on a proposed out-of-cycle amendment to the Florida Rules of Appellate Procedure. The proposal can...
- Florida Bar News
- July 15, 2007
- Thomas Lee Gudinas v. Secretary, Department of Corrections, et al, (11th Cir. 2011)
...SECRETARY, DEPARTMENT OF CORRECTIONS,. FLORIDA ATTORNEY GENERAL,. ... issue: whether he received effective assistance of counsel at the penalty phase of his capital tri... with respect to his penalty phase ineffective assistance of counsel claim. . Gudinas appe...
- Federal Circuits

- Wydell Evans v. Secretary, DOC, (11th Cir. 2012)
... for the Middle District of Florida. . ... effective assistance of counsel at the penalty phase of his capital tri..., as here, a state court has denied an ineffective assistance of counsel claim on the merits, the sta...
- Federal Circuits
- Ignorance Is Effectively Bliss: Collateral Consequences, Silence, and Misinformation in the Guilty-Plea Process
In the 2009-2010 term, the U.S. Supreme Court will decide if it matters whether a criminal defense lawyer correctly counsels a client about the fact that the client faces deportation as a result of a guilty plea. Under prevailing constitutional norms in almost every jurisdiction, a lawyer does not have a duty to tell her client about many serious but "collateral" consequences of a guilty plea. Yet, in every jurisdiction that has considered the issue, that very same lawyer will run afoul of her duties if she affirmatively misrepresents a collateral consequence—every jurisdiction, that is, except Kentucky. The Supreme Court of Kentucky recently held that when there is no duty to warn about a consequence because it is collateral, misadvice about that same consequence is not a consti...

...For invaluable research assistance, thanks to Gregory Amend, Peter Chambers, Erin Cre... guilty plea or risk being branded an ineffective attorney. The opinion in Padilla, on the other han...-assistance-of-counsel claims, the Florida District Court's approach to silence and misinform...
- Iowa Law Review
- Nbr. 95-1, November 2009
- Robert Morris v. Secretary Department of Corrections, (11th Cir. 2012)
... for the Middle District of Florida. . ... claims of trial court error and ineffective assistance of counsel. The district court denied t...
- Federal Circuits
- Martinez v. Ryan, 566 U.S. (2012)
... Arizona prisoners may raise claims of ineffective assistance of trialcounsel only in state collatera...'s first state collateral proceeding, his counsel didnot raise such a claim. On federal habeas revi...Florida, 560 U. S. ___, ___(2010) (slip op., at 18). Opi...
- U.S. Supreme Court
- Alphonso Cave v. Dept. of Corrections, (11th Cir. 2011)
...ATTORNEY GENERAL OF THE STATE OF FLORIDA,. ... our review, including three claims of ineffective assistance of counsel, an allegation that the dist...
- Federal Circuits
- USA v. Arnulfo Rodriguez-Perez, (5th Cir. 2011)
... are invalid because they rely on his 1995 Florida conviction for possession of cocaine, in which he alleges that he received ineffective assistance of counsel. We AFFIRM. * ...
- Federal Circuits
- Strickland v. Washington, 466 U.S. 668 (1984)
...668. STRICKLAND, SUPERINTENDENT, FLORIDA STATE PRISON, ET AL. v. WASHINGTON CERTIORARI TO T... for the sentencing hearing, defense counsel spoke with respondent about his background, but di... inter alia, that counsel had rendered ineffective assistance at the sentencing proceeding in several...
- U.S. Supreme Court