· 10/12/1995
UNITED STATES of America, Plaintiff-Appellee, v. Richard Edward STEARNS, Defendant-Appellant
Citations
- 68 F.3d 328
- 95 Cal. Daily Op. Serv. 8030
- 95 Daily Journal DAR 13782
- 1995 U.S. App. LEXIS 28210
- 1995 WL 608543
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that counsel is ineffective for failing to file an appeal if the defendant did not consent to the failure to file the appeal
- holding that a defendant need only show that he did not consent to his counsel's failure to file an appeal for it to be ineffective assistance of counsel
- holding that a defen- dant need only show that he did not consent to his counsel’s failure to file an appeal for it to be ineffective assistance of counsel
- holding that test for ineffective assistance of counsel for failing to file a desired direct appeal, even in a plea case, was not whether an appeal was requested, but whether the decision not to file an appeal was consented to by the defendant
Source: CourtListener parenthetical corpus (CC0).
Judges: Schroeder, Reinhardt, Fernandez
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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