Garcia v. Portuondo

How courts have described this case

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

• finding counsel deficient where, inter alia, “thorough [pretrial] interview of [witness] ... would have produced substantial testimonial evidence supporting ... defense”
• finding counsel’s performance deficient where counsel was in possession of alibi documents, knew of witnesses ready to testify, but failed to undertake any investigation
• A court may bar retrial, even if the constitutional violation is capable of correction, “where the petitioner has served an extended and potentially unjustifiable period of incarceration before the writ was granted.” (internal quotation marks and alterations omitted)
• A court may bar retrial, even if the constitutional violation is capable of correction, \where the petitioner has served an extended and potentially unjustifiable period of incarceration before the writ was granted.\ (internal quotation marks and alterations omitted)

Source: CourtListener parenthetical corpus (CC0).