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· 10/11/2005

Gordon Davis v. Charles Greiner, Superintendent, Green Haven Correctional Facility

Citations

  • 428 F.3d 81
  • 2005 U.S. App. LEXIS 21945
  • 2005 WL 2500690

How courts have described this case

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

  • concluding counsel’s performance was deficient for failing to inform defendant that “before the proffer session that his statements could be used against him if he stood trial”
  • noting that where state courts summarily deny relief on the merits, “we must focus on the ultimate decisions of those courts, rather than on the courts’ reasoning” (quoting Aeid v. Bennett, 296 F.3d 58, 62 (2d Cir. 2002)) (internal quotation marks omitted)
  • finding ineffective assistance of counsel where attorney failed to “adequately inform her client about the considerations that are relevant to her client’s decision to accept or deny a plea bargain”
  • finding ineffective assistance of counsel where attorney breached her “professional obligation to adequately inform her client about the considerations that are relevant to her client’s decision to accept or deny a plea bargain”
  • \[i]t is well settled a defendant's Sixth Amendment right to counsel extends to plea negotiations\
  • “[C]ounsel has a professional obligation to adequately inform her client about the considerations that are relevant to her client’s decision to accept or deny a plea bargain.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Calabresi, Cabranes, Pooler

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.