Francisco Gomez-Diaz v. United States

How courts have described this case

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

• ruling that if counsel failed to fulfill duty to determine client’s wishes about appealing, prejudice is presumed and entitles petitioner to an out-of-time appeal, regardless of whether there are meritorious issues fitting exceptions to appeal waiver
• vacating district court’s denial of 2255 relief and remanding for an evidentiary hearing on petitioner’s Flores-Ortega claim, even though petitioner had agreed to an appeal-waiver
• vacating district court’s denial of 2255 relief and remanding for an evidentiary hearing on petitioner’s Flores-Ortega claim, even though petitioner had agreed to an appeal-waiver
• remanding for an evidentiary hearing to determine whether client had requested his attorney file a notice of appeal or if counsel fulfilled his constitutional duty to consult with the client about his desire to appeal
• “An attorney who fails to file an appeal on behalf of a client who specifically requests it acts in a professionally unreasonable manner per se.”
• “[A]n attorney who fails to file an appeal on behalf of a client who specifically requests it acts in a professionally unreasonable manner per se.”

Source: CourtListener parenthetical corpus (CC0).