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· 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 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.