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· 4/17/2024

People v. Guevara

Citations

  • 2024 NY Slip Op 02065

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that Turk and Bean were not determinative of the IAC issue that case
  • gauging whether there was a colorable claim of prejudice by comparing the deficient defense presented at trial to a proposed alternative' defense
  • gauging whether there was a colorable claim of prejudice by comparing the deficient defense presented at trial to a proposed alternative defense
  • stating that an attorney has an obligation to inves- tigate defendant’s “ ‘incredibly lame’ ” alibi and “ ‘confront the petitioner with the difficulties of his story’ ” (quoting Johnson v. Baldwin, 114 F.3d 835, 838, 840 (9th Cir. 1997)
  • rejecting Brady claim based on “mere suppositions” with “absolutely no evidence” that the 12 allegedly withheld material, if it existed, “would have contained exculpatory evidence”
  • gauging whether there was a colorable claim of prejudice by compar- ing the deficient defense presented at trial to a proposed alter- native defense

Source: CourtListener parenthetical corpus (CC0).

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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.