Roe v. Flores-Ortega, No. 98-1441 (U.S. Supreme Court) (528 U.S. 470; 120 S.Ct. 1029) (February 23, 2000) (Justice O'Connor)
Loaded on Feb. 1, 2000
published in Punch and Jurists
February 07, 2000
Filed under:
Punch And Jurists,
Strickland Standard.
Supreme Court vacated a decision by the Ninth Circuit which granted relief to a defendant whose counsel failed to file a notice of appeal based on its precedent that counsel's failure to file the notice is deficient unless defendant consents.
This is one of those disturbing Supreme Court …
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More from this issue:
- U.S. v. Johnson, No. 98-1696 (U.S. Supreme Court) (529 U.S. 53; 120 S.Ct. 1114) (March 1, 2000) (Justice Kennedy)
- U.S. v. Morley, No. 98-1894 (3rd Cir.) (199 F.3d 129) (December 8, 1999) (Judge Theodore A. McKee)
- Hodgers-Durgin v. De La Vina, No. 97-16449 (9th Cir.) (199 F.3d 1037) (December 21, 1999) (Judge William A. Fletcher)
- U.S. v. Smith, No. Crim.A. G-99-5 (S.D.Tex.) (76 F.Supp.2d 767) (December 6, 1999) (Judge Samuel B. Kent)
- U.S. v. Owusu, No. 98-3356 (6th Cir.) (199 F.3d 329) (January 5, 2000) (Judge Karen Nelson Moore)
- U.S. v. Van Loben Sels, No. 98-10355 (9th Cir.) (198 F.3d 1161) (December 30, 1999) (Judge David O. Carter)
- U.S. v. Palafox-Mazon, No. 99-10026 (9th Cir.) (198 F.3d 1182) (January 3, 2000) (Judge Harry Pregerson)
- U.S. v. Dortch, No. 98-41129 (5th Cir.) (199 F.3d 193) (December 23, 1999) (Judge Jerry E. Smith)
- U.S. v. deVegter, No. 99-8142 (11th Cir.) (198 F.3d 1324) (December 29, 1999) (Judge Susan H. Black)
- Roe v. Flores-Ortega, No. 98-1441 (U.S. Supreme Court) (528 U.S. 470; 120 S.Ct. 1029) (February 23, 2000) (Justice O'Connor)
- Snider v. Melindez, No. 97-2803 (2nd Cir.) (199 F.3d 108) (December 8, 1999) (Judge Pierre N. Leval)
- U.S. v. Bartsma, No. 98-3305 (10th Cir.) (198 F.3d 1191) (November 9, 1999) (Judge Wade Brorby)
- Village of Willowbrook v. Olech, No. 98-1288 (U.S. Supreme Court) (528 U.S. 562; 120 S.Ct. 1073) (February 23, 2000) (Per Curiam)
- U.S. v. Thomas, No. 99-2612 (8th Cir.) (198 F.3d 1063) (December 30, 1999) (Judge Roger L. Wollman)
- Prou v. U.S., No. 98-1854 (1st Cir.) (199 F.3d 37) (December 17, 1999) (Judge Bruce M. Selya)
More from these topics:
- Maryland Supreme Court Announces Public Defender Act Requires Effective Assistance of Counsel in Certiorari Petition Where Public Defender Appointed Panel Attorney for Direct Appeal and Certiorari Petition, Dec. 15, 2025. Public Defenders, Indigent Defense, Ineffective Assistance of Counsel, Statutory Construction/Interpretation, Strickland Standard.
- Third Circuit: Where Prosecutor “Flooded” Jury Trial With Evidence of Defendant’s Prior Bad Acts, Counsel Was Constitutionally Ineffective in Not Seeking Contemporaneous Limiting Instructions and Not Objecting When Evidence Went Beyond Limited Purpose –, Oct. 15, 2025. Jury Instructions, Strickland Standard, Failure to Preserve Challenge, Motive/Opportunity/Intent/Identity Evidence, Bad Acts Evidence.
- Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character, April 15, 2024. Parental rights, Counsel - Effective Assistance of, Strickland Standard, Failure to Preserve Challenge, Failure to Consult/Investigate/Raise, Battered Child/Spouse Evidence, Character/Reputation/Propensity, Bad Acts Evidence.
- Third Circuit: Defense Counsel Ineffective Under Strickland Where Counsel Sat Silent After Judge Threatened to Charge Witness With Perjury Unless Testimony Changed, Feb. 15, 2024. AEDPA, False Statements/Perjury, Strickland Standard, Strickland v. Washington, Failure to Object/Late Objections.
- Study Finds Public Defenders’ Heavy Workloads Prevent Effective Representation, Amendments to 50-Year-Old Guidelines Recommended, Feb. 15, 2024. Public Defenders, Strickland Standard, Per se ineffectiveness.
- Fifth Circuit Affirms Habeas Relief Granted to Capital Defendant Where Counsel Failed to Impeach State’s Pivotal Wit-ness with Available Forensic Evidence, Jan. 15, 2024. AEDPA, Effective Assistance of Counsel, Counsel - Effective Assistance of, Strickland Standard, Identification Documents/Evidence, Failure to Consult/Investigate/Raise, Trial Strategy, Strickland v. Washington.
- U.S. Supreme Court Apparently Prioritizes Ideology Over Guilt or Innocence, Jan. 15, 2024. AEDPA, Procedural Default/Error, Proving Cause, Capital Cases, Procedural Error, Effective Assistance of Counsel, Counsel - Right to, Counsel - Effective Assistance of, Strickland Standard, Per se ineffectiveness, Right to Counsel.
- Massachusetts Supreme Court: Defense Counsel’s Overt Bias Against Own Client Constitutes Actual Conflict of Interest Requiring New Trial Without Need to Prove Prejudice, Dec. 15, 2023. Counsel - Constructive denial of, Strickland Standard, Conflict of Interest, Disqualification of Counsel.
- First Circuit: Appellate Counsel’s Failure to Raise Brady Claim on Direct Appeal Constituted Ineffective Assistance of Counsel Under Strickland, § 2255 Motion Granted, March 15, 2022. Brady Violations, Strickland Standard.
- "Kentucky Supreme Court: Hearing on Defense Counsel’s Fitness Is Critical Stage at Which Defendant Has Right to Be Present With Conflict-Free Counsel", March 15, 2021. Strickland Standard, Conflict of Interest.