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· 3/12/1990

Norman Simmons v. Edward F. Reynolds, Superintendent, Oneida Correctional Facility, and the People of the State of New York

Citations

  • 898 F.2d 865
  • 1990 U.S. App. LEXIS 3804

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 failure to file a brief for five years constituted ineffective assistance of counsel as a matter of law
  • expressing no view on who might be appropriate defendants or whether any might be entitled to immunity in a separate suit for damages
  • affirming habeas relief for a six-year delay where 18-b attorney failed to perfect appeal for five years and during this time the state neither removed the attorney nor informed the defendant that he could have the attorney removed
  • “[N]o one factor is dispositive and all are to be considered together with the relevant circumstances.”
  • six-year delay in resolving appeal, resulting in significant prejudice to defendant, deprived him of his due process right to a speedy appeal
  • six-year delay in resolving appeal, resulting in significant prejudice to defendant, deprived him of his due process right to a speedy appeal

Source: CourtListener parenthetical corpus (CC0).

Judges: Newman, Pratt, Mahoney

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.