· 5/21/1991
United States v. Charles Laughlin, AKA Charles William Laughlin, John Tracy Laughlin
Citations
- 933 F.2d 786
- 91 Cal. Daily Op. Serv. 3666
- 91 Daily Journal DAR 5895
- 1991 U.S. App. LEXIS 10155
- 1991 WL 80748
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “a court may impute notice and knowledge of conditions when their violation entails a criminal act. [The defendant] is thus presumed to have notice at least that his [criminal] activities violated probation.”
- rejecting defendant's argument that probation term did not begin until parole had terminated; sentencing court ordered probation \to commence upon his release from prison\
- explaining that the reason habeas is often a preferable posture for ineffectiveness challenges is to establish “ ‘what counsel did, why it was done, and what, if any, prejudice resulted’ ” (quoting United States v. Pope, 841 F.2d 954, 958 (9th Cir. 1988))
- “As a general rule, we will not review challenges to the effectiveness of defense counsel on direct appeal.”
- attorney conduct during a hearing for revocation of probation
- “Challenge by way of a habeas corpus proceeding is preferable as it permits the defendant to develop a record as to what counsel did, why it was done, and what, if any, prejudice resulted.” (citation omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Farris, Nelson, Tang
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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