· 2/1/1995
Philip James Ostrander v. Fred W. Green, Warden
Citations
- 46 F.3d 347
- 1995 U.S. App. LEXIS 1996
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that “the potential strength of the [government’s] case” is an objective factor relevant to the prejudice analysis
- concluding that a “reasonable defendant” had demonstrated that he would not have pleaded guilty, but for his counsel’s errors, based in part on the “potential strength of the state’s case”—“which [was] hardly invincible on its face”
- discussing prejudice prong of Hill and observing that “[ojbjective analysis of the prejudice prong is probably the only workable means of applying Hill”
- overruled on other grounds by O’Dell v. Netherland, 95 F.3d 1214 (4th Cir. 1996)
- “A reasonable defendant sitting in jail and facing a difficult decision that may subject him to many more years of the same could certainly be swayed by [defense counsel’s] confident, though grossly uninformed, prediction that he would probably be breathing free air within days.”
- regarding misinformation about defendant’s eligibility for work release
Source: CourtListener parenthetical corpus (CC0).
Judges: Hall, Michael, Chapman
Read full opinion on CourtListenerSourced 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.