Robert Victor Boyer v. Ernest S. Patton

How courts have described this case

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

• concluding that Sykes did not offer direct guidance where default was failure to appeal
• concluding counsel 8 was deficient where he failed to object to Doyle violation
• whether attorney “exercise[d] … the customary skill and knowledge which normally prevails at the time and place” (citation and internal quotation marks omitted)
• “[A] defendant’s silence . . . cannot be used substantively as an admission tending to prove the commission of the offense.”
• suggestion that Fay v. Noia standard still governs in case of failure to take appeal, but as indicated above, even under said standard petitioner may not prevail herein
• Sykes standard inapplicable to failure to take a direct appeal

Source: CourtListener parenthetical corpus (CC0).