Ricardo Toledo v. Smith & Wesson Brands, Inc.

How courts have described this case

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

• stating that the usual practice is to remand, but that remand “might not be necessary in a highly unusual case where no plausible explanation for an attorney’s actions exists”
• finding ineffective assistance where appellate counsel failed to make a “sure winner” argument that would not have interfered with making other arguments
• “[Rjelief may be warranted when a decision by counsel cannot be justified as a result of some kind of plausible trial strategy.”
• writ of habeas should be granted without a hearing from the defense counsel in the “highly unusual case where no plausible explanation for an attorney’s actions exists”
• not raising “sure winner” argument as “fall[ing] below the standard set forth in Strickland

Source: CourtListener parenthetical corpus (CC0).