People v. Lucky

How courts have described this case

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

• concluding Sixth Amendment right to effective assistance of counsel did not apply to defendant’s claim of deficient representation by attorney who took his client to police for questioning before charges were ever filed
• reversing denial of Federal habeas corpus relief because reasonable probability existed that defendant would have succeeded on claim that New York law required defendant receive effective assistance of counsel during precharge custodial interrogation
• finding prejudice in counsel’s failure to raise a state-law claim for ineffective assistance of counsel despite the fact that the New York Court of Appeals had not held that there was any state constitutional right to effective assistance of counsel
• appellate counsel’s failure consisted of failure to raise state constitutional law claim which could not itself provide a basis for federal habeas relief
• omitted claim based on New York Constitution examined under Strickland test; decided before Fretwell
• To establish prejudice in the appellate context, a petitioner must demonstrate that “there was a ‘reasonable probability’ that [his] claim would have been successful before the [state’s highest court].”

Source: CourtListener parenthetical corpus (CC0).