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· 8/26/1992

Raymond Alton Tucker v. Ed Day, Warden

Citations

  • 969 F.2d 155
  • 1992 U.S. App. LEXIS 19819
  • 1992 WL 189606

How courts have described this case

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

  • holding failure of counsel to assist defendant at resentencing hearing was a constructive denial of counsel because counsel (1) stated that he was “just standing in,” (2) did not know the facts of the case, and (3) made no attempt to represent the defendant’s interests
  • finding appointed counsel at re-sentencing hearing was ineffective under Cronic because he did not consult with defendant, had scant knowledge of facts, and made no helpful comments at sentencing
  • prejudicial impact where counsel failed to provide any assistance at a sentencing hearing, stating, “I’m just standing in for this one”
  • a lawyer who states “I am just standing in for this one” and says nothing at a sentencing hearing fails to provide effective assistance of counsel
  • reviewing a claim of ineffective assistance of counsel at sentencing
  • constructive absence of counsel at re-sentencing hearing

Source: CourtListener parenthetical corpus (CC0).

Judges: Wisdom, Smith, Garza

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.