Van Auken v. Catron

How courts have described this case

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

• declining to consider ineffective assistance claim relating to rejection of plea offer where “trial record does not clearly reflect the adequacy of counsel’s advice”
• “[A] defense counsel’s performance is unreasonable when it is so deficient that it falls outside the wide range of professionally competent assistance.”
• “Only in cases in which the trial record clearly reflects the adequacy of counsel’s performance has § 440.10(2)(c) been applied to bar federal review.”
• “[T]he plea offer that was available to Fulton would have made him eligible for a ten-year sentence of incarceration . . . far less than the effective forty-year sentence that he received after trial.”
• “[U]nder New York law, when, as here, a defendant’s complaint about counsel is predicated on factors such as advice or preparation that do not appear on the face of the record, the defendant must raise his or her claim via a CPL 440.10 motion.” (internal quotation marks and alteration omitted)

Source: CourtListener parenthetical corpus (CC0).