Edwin Arvelo v. Secretary, Florida Department of Corrections

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that “a defendant does not waive an ineffective assistance of counsel claim simply by entering a plea”
• “[T]he Supreme Court has expressly held that a defendant does not waive an ineffective assistance of counsel claim simply by entering a plea.”
• “[B]oth the deficient performance and prejudice prongs of Strickland turn on the viability of the motion to suppress.”
• “If the state court decision was contrary to clearly established federal law, the federal courts are not necessarily limited to the state court record; instead, we may hold an evi-dentiary hearing and consider new evidence.”
• “[A] lawyer’s performance only falls outside the range of competence demanded of counsel if she did not pursue a motion to suppress that would have affected the outcome of the case had the defendant rejected the plea and proceeded to trial.”
• “In cases like this one, where a petitioner faults his lawyer for failing to pursue a motion to suppress prior to entering a plea, both the deficient performance and prejudice prongs of Strickland turn on the viability of the motion to suppress.”

Source: CourtListener parenthetical corpus (CC0).