· 8/15/1989
Norman Elmer Miller v. J.C. Keeney, Superintendent
Citations
- 882 F.2d 1428
- 1989 U.S. App. LEXIS 12077
- 1989 WL 90423
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that appellate counsel meets objective standards of competence and does not cause prejudice when he or she does not raise a “weak issue”
- recognizing that appellate counsel meets objective standards of competence and does not cause prejudice when he or she does not raise a 'weaµ issue'
- holding that “the fourteenth amendment does not require a state to provide any counsel to a defendant seeking to file a certiorari petition in the United States Supreme Court”
- holding that advising the defendant about discretionary review is not required because the “opportunity for direct appeal, and thus the defendant’s constitutional right to counsel, has come to an end”
- holding that Torna barred ineffective assistance claim based on appointed direct appellate counsel’s incorrect advice not to file a discretionary petition for writ of certiorari in the U.S. Supreme Court
- explaining that appellate counsel does not perform 22 ineffectively by declining to raise a weak issue on appeal
Source: CourtListener parenthetical corpus (CC0).
Judges: Tang, Boochever, Kozinski
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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