· 3/10/2004
Charles Thomas Lewis v. Philip L. Johnson, Superintendent, Sci-Pittsburgh Mike Fisher, Attorney General of Pennsylvania
Citations
- 359 F.3d 646
- 2004 U.S. App. LEXIS 4572
- 2004 WL 433954
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “a store that is caught trafficking in food stamps even one time must be permanently disqualified from the Food Stamp Program, unless the Secretary of Agriculture determines that the store had in place an effective anti-trafficking policy”
- explaining that the right to effective assistance of counsel also extends to the first appeal
- recognizing Sixth Amendment right to effective assistance of counsel on first appeal as of right
- explaining that because the Strickland test necessarily requires a case-by-case examination of particular circumstances, application of that test should be deemed to create a ―new rule‖ only when it is truly novel
- finding a defendant’s attempt to withdraw his guilty plea “should have put [counsel] on notice that [the defendant] may have been interested in appealing the trial judge’s ruling”
- Strickland is “rule of general applicability,” and identification of “particular duty,” to consult regarding appeal options, is not basis for classifying rule as “new”
Source: CourtListener parenthetical corpus (CC0).
Judges: Sloviter, Ambro, Tucker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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