holding 19 that where a Petitioner has been actually or constructively denied the assistance of counsel 20 altogether, the Strickland standard does not apply and prejudice is presumed; the implication is 21 that Strickland does apply where counsel is present but ineffective
How later courts described this case
- holding 19 that where a Petitioner has been actually or constructively denied the assistance of counsel 20 altogether, the Strickland standard does not apply and prejudice is presumed; the implication is 21 that Strickland does apply where counsel is present but ineffective
- holding that where a defendant has been actually or constructively denied the assistance of appellate counsel altogether, the Strickland standard does not apply and prejudice is presumed; the implication is that Strickland does apply where counsel is present but ineffective
- holding 19 that where a defendant has been actually or constructively denied the assistance of counsel 20 altogether, the Strickland standard does not apply and prejudice is presumed; the implication is 21 that Strickland does apply where counsel is present but ineffective
- holding 14 that where a defendant has been actually or constructively denied the assistance of counsel 15 altogether, the Strickland standard does not apply and prejudice is presumed; the implication is 16 that Strickland does apply where counsel is present but ineffective
Written by the judges who cited it.
Distinguished
Distinguished by Billy Roy Moss v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division, 963 F.2d 44 (1992)
488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), which directed that a prejudice analysis is inapplicable in the case of an
The opinion
Justice O’Connor,
concurring.
I join the Court’s opinion. I write separately to emphasize that nothing in the Court’s opinion forecloses the possibility that a mere technical violation of Anders v. California, 386 U. S. 738 (1967), might be excusable. The violation in this case was not a mere technical violation, however, and on that understanding I concur.