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U.S. v. Bicaksiz, No. 98-1576 (2nd Cir.) (194 F.3d 390) (October 15, 1999) (Judge Jose A. Cabranes)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Effective Assistance of Counsel

U.S. v. Bicaksiz, No. 98-1576 (2nd Cir.) (194 F.3d 390) (October 15, 1999) (Judge Jose A. Cabranes) by In this case, the defendant, who was convicted after trial, claimed that his counsel had been ineffective in not advising him that, if he was convicted after trial, he would be subject …

Arredondo v. U.S., No. 96-2126 (6th Cir.) (178 F.3d 778) (May 28, 1999) (Judge Karen Nelson Moore)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Effective Assistance of Counsel

Arredondo v. U.S., No. 96-2126 (6th Cir.) (178 F.3d 778) (May 28, 1999) (Judge Karen Nelson Moore) by The defendant in this case sought to vacate his drug conviction on the grounds that his counsel was ineffective, in part because his counsel had failed to tell him about a plea …

Delgado v. Lewis, No. 97-56162 (9th Cir.) (181 F.3d 1087) (June 23, 1999) (Judge Sidney R. Thomas)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Effective Assistance of Counsel

Delgado v. Lewis, No. 97-56162 (9th Cir.) (181 F.3d 1087) (June 23, 1999) (Judge Sidney R. Thomas) by Set forth below is our review of the eartlier decision reported at 168 F.3d 1148 (most of which was approved by the instant decision): The petitioner in this case was a forty-five …

Carpenter v. Mohr, No. 97-3392 (6th Cir.) (163 F.3d 938) (December 18, 1998) (Judge Nathaniel R. Jones)

Article • February 1, 1999 • from P&J February, 1999

Filed under: Punch And Jurists, Effective Assistance of Counsel

Carpenter v. Mohr, No. 97-3392 (6th Cir.) (163 F.3d 938) (December 18, 1998) (Judge Nathaniel R. Jones) by

U.S. v. Martinez, No. 95-5331 (4th Cir.) (136 F.3d 972) (February 18, 1998) (Judge H. Emory Jr. Widener)

Article • April 1, 1998 • from P&J April, 1998

Filed under: Punch And Jurists, Effective Assistance of Counsel

U.S. v. Martinez, No. 95-5331 (4th Cir.) (136 F.3d 972) (February 18, 1998) (Judge H. Emory Jr. Widener) by Among the issues raised in this case was the interesting question of whether a claim of ineffective assistance of counsel can constitute a valid basis for a downward departure under the …

Mackall v. Angelone, No. 95-4018 (4th Cir.) (131 F.3d 442) (December 18, 1997) (Judge William W. Jr. Wilkins)

Article • January 1, 1998 • from P&J January, 1998

Filed under: Punch And Jurists, Effective Assistance of Counsel

Mackall v. Angelone, No. 95-4018 (4th Cir.) (131 F.3d 442) (December 18, 1997) (Judge William W. Jr. Wilkins) by In his dissent, Judge Butzner framed the issue in this case as follows: "Did Mackall have a right to the assistance of competent counsel to pursue the issue of allegedly incompetent …

Parham v. Johnson, No. 95-3623 (3rd Cir.) (126 F.3d 454) (September 17, 1997) (Judge Nathaniel R. Jones)

Article • November 1, 1997 • from P&J November, 1997

Filed under: Punch And Jurists, Effective Assistance of Counsel

Parham v. Johnson, No. 95-3623 (3rd Cir.) (126 F.3d 454) (September 17, 1997) (Judge Nathaniel R. Jones) by This is an important (but horrifying) prison litigation case that says a lot about the level of medical care in our prisons. The case involves a damage claim by a prisoner against …

U.S. v. Torres, No. 96-3044 (D.C. Cir.) (115 F.3d 1033) (June 20, 1997) (Judge David S. Tatel)

Article • July 1, 1997 • from P&J July, 1997

Filed under: Punch And Jurists, Effective Assistance of Counsel

U.S. v. Torres, No. 96-3044 (D.C. Cir.) (115 F.3d 1033) (June 20, 1997) (Judge David S. Tatel) by Can a defendant file a Rule 33 motion on the basis of a claim of ineffective assistance of counsel? Generally not. In this case, the D.C. Circuit joins nine other Circuits in …

Mackall v. Murray, No. 95-4018 (4th Cir.) (109 F.3d 957) (March 25, 1997) (Judge Sam J. III Ervin)

Article • May 1, 1997 • from P&J May, 1997

Filed under: Punch And Jurists, Effective Assistance of Counsel

Mackall v. Murray, No. 95-4018 (4th Cir.) (109 F.3d 957) (March 25, 1997) (Judge Sam J. III Ervin) by Case explored issue of when a petitioner is entitled to assistance of counsel on a habeas appeal to claim ineffective assistance of counsel claim in a prior appeal. This case held …

Boria v. Keane, No. 95-2688, No. 1332 (2nd Cir.) (83 F.3d 48) (May 3, 1996) (Judge Whitman Knapp)

Article • June 1, 1996 • from P&J June, 1996

Filed under: Punch And Jurists, Effective Assistance of Counsel

Boria v. Keane, No. 95-2688, No. 1332 (2nd Cir.) (83 F.3d 48) (May 3, 1996) (Judge Whitman Knapp) by Here the Court granted habeas relief to a sentence who had been sentenced to 20 years to life, because his counsel allowed him to reject a plea offer of 1 to …

U.S. v. Galloway, No. 93-4169 (10th Cir.) (56 F.3d 1239) (May 26, 1995) (Judge Stephen H. Anderson)

Article • July 1, 1995

Filed under: Punch And Jurists, Effective Assistance of Counsel

U.S. v. Galloway, No. 93-4169 (10th Cir.) (56 F.3d 1239) (May 26, 1995) (Judge Stephen H. Anderson) by Case held that claims of ineffective counsel need not be raised on direct appeal in order to be cognizable in a habeas appeal.

U.S. v. Day, No. 91-1938 (3rd Cir.) (969 F.2d 39) (July 13, 1992) (Judge Edward R. Becker)

Article • January 1, 1994

Filed under: Punch And Jurists, Effective Assistance of Counsel

U.S. v. Day, No. 91-1938 (3rd Cir.) (969 F.2d 39) (July 13, 1992) (Judge Edward R. Becker) by Here the Court held that the defendant properly stated a claim of ineffective assistance of counsel where he alleged that the advise he received about his plea bargain was so incorrect and …