· 3/26/2003
Robert Moss (99-1951 01-1797) and Ronald Kohn (01-1610) v. United States
Citations
- 323 F.3d 445
- 2003 U.S. App. LEXIS 5775
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that there is no Sixth Amendment violation if \the conflict is as to a matter that is irrelevant\
- holding that Supreme Court precedent “requires a defendant alleging that his attorney’s conflict of interest prevented the exploration of plea negotiations to demonstrate that the government was willing to extend, or consider, an invitation to commence plea negotiations”
- stating that counsel’s failure to “provide professional guidance . . . regarding . . . sentence exposure prior to a plea may constitute deficient assistance.”
- noting that the district court may deny leave to amend a habeas petition if the proposed amendments would be futile
- stating that joint representation occurs where a single attorney represents two or more co-defendants “in the same proceeding”
- explaining that when a petitioner alleges that his counsel failed to explore plea negotiations, the petitioner must show both deficient performance and a reasonable probability that he would have pleaded guilty
Source: CourtListener parenthetical corpus (CC0).
Judges: Daughtrey, Moore, Economus
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.