· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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