Opinion

Penson v. Ohio

  • 488 U.S. 75
  • 109 S. Ct. 346
  • 102 L. Ed. 2d 300
  • 1988 U.S. LEXIS 5405
Court
Supreme Court of the United States
Filed
Nov 29, 1988
Status
Published
Author
O'Connor
On the bench
Stevens, O'Connor, Rehnquist
Cited by
13,895 cases
Authority
More cited than 24.2%

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
    Court of Appeals for the Fifth CircuitMay 22, 1992Read it

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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