· 12/17/2003
Gregory J. Moore v. Steven C. Bryant
Citations
- 348 F.3d 238
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that counsel’s erroneous advice as to the length of the sentence petitioner faced if he was convicted after trial involved deficient performance; and petitioner was prejudiced by advice because it involved a key issue in his decision to plead guilty
- granting habeas relief and explaining that, in the plea context, “the deficient performance prong is met where the inaccurate advice resulted from the attorney’s failure to undertake a good-faith analysis of all of the relevant facts”
- finding deficient performance where erroneous advice regarding defendant’s sentence stemmed from counsel’s failure to review the very statute the advice was based on and counsel’s admission that he was uncertain as to the statute’s effect on the case
- to demonstrate deficient performance in the context of a guilty plea, a petitioner must demonstrate that his counsel's advice regarding the plea was objectively unreasonable
- “[T]he issue presented here ... is whether the erroneous advice provided by counsel caused [petitioner] to enter a plea he otherwise would not have entered....”
- to demonstrate deficient performance in the context of a guilty plea, a petitioner must demonstrate that his counsel's advice regarding the plea was objectively unreasonable
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Posner, Rovner
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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