Jose Campusano 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.

• holding that “an attorney who fails to file a notice of appeal requested by his client is constitutionally ineffective,” even “when the client waived appeal in his plea agreement” and when the attorney “believes the requested appeal would be frivolous”
• noting the importance of a fair opportunity to appeal “even after a waiver appears to bar appeal”
• finding per se ineffective assistance only “where counsel does not file a requested notice of appeal” (emphasis added)
• “Admittedly, -8- applying the Flores-Ortega presumption to post-waiver situations will bestow on most defendants nothing more than an opportunity to lose.”
• “Admittedly, applying the Flores-Ortega presumption to post-waiver situations will bestow on most defendants nothing more than an opportunity to lose.”
• where defendant claims attorney failed to file requested notice of appeal, “the district court has discretion to determine if a testimonial hearing will be conducted”

Source: CourtListener parenthetical corpus (CC0).