U.S. v. Stearns, No. 94-35451 (9th Cir.) (68 F.3d 328) (October 12, 1995) (Judge Ferdinand F. Fernandez)
Case held that counsel's failure to file a notice of appeal constitutes ineffective assistance of counsel which is presumptively prejudicial unless the defendant affirmatively consents to such a course of action.
By holding that there is no bright line rule that establishes ineffective assistance of counsel due to the failure …
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