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· 8/28/2001

Richard Magana v. Gerald Hofbauer

Citations

  • 263 F.3d 542
  • 2001 U.S. App. LEXIS 19194
  • 2001 WL 967963

How courts have described this case

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

  • holding that the defense counsel’s erroneous advice concerning sentence exposure “fell below an objective standard of reasonableness under prevailing professional norms”
  • concluding that a comment made by the defendant during plea negotiations was enough to show a reasonable probability that he would have accepted the plea
  • concluding that a comment made by the defendant during plea negotiations was enough to show a reasonable probability that he would have accepted the plea
  • holding that defense counsel’s erroneous advice concerning sentence exposure “fell below an objective standard of reasonableness under prevailing professional norms.”
  • holding that the state court's decision was contrary to clearly established Supreme Court precedent when it required a petitioner to demonstrate with absolute certainty, rather than reasonable probability, that the ineffective assistance of his counsel prejudiced him
  • holding that the state court’s decision was contrary to clearly established Supreme Court precedent when it required a petitioner to demonstrate with absolute certainty, rather than reasonable probability, that the ineffective assistance of his counsel prejudiced him

Source: CourtListener parenthetical corpus (CC0).

Judges: Martin, Moore, O'Malley

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.