· 8/23/2000
Jesus Garcia Delgado v. Gail Lewis, Deputy Warden Attorney General of the State of California
Citations
- 223 F.3d 976
- 2000 Cal. Daily Op. Serv. 7067
- 2000 Daily Journal DAR 9355
- 2000 U.S. App. LEXIS 21184
- 2000 D.A.R. 9355
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that appellate counsel’s failure to raise meritorious claims on appeal prejudiced Delgado where “there were deficiencies in the trial court proceedings significant enough to warrant reversal”
- explaining that probable cause 27 certificate is state “prerequisite” to filing appeal from guilty plea
- noting that while filing a Wende brief after the defendant receives a certificate of probable cause is unusual, deficient performance stems from not briefing “very viable appellate issues”
- `Thus, we accordingly concluded that, in such circumstances, the state court decisions do \not warrant the deference we might usually apply\ . . . .'
- “Absent clear error, the deference we owe state decisions dictates a denial of habeas relief, even when we conclude that a legal error has occurred.”
- ‘Thus, we accord- ingly concluded that, in such circumstances, the state court decisions do “not warrant the deference we might usually apply” . . . .’
Source: CourtListener parenthetical corpus (CC0).
Judges: Pregerson, Nelson, Thomas
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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