Garza v. Idaho
Supreme Court of the United States
1Opinion of the CourtJustice Sotomayor
*742 In Roe v. Flores-Ortega , 528 U.S. 470 , 120 S.Ct. 1029 , 145 L.Ed.2d 985 (2000), this Court held that when an attorney's deficient performance costs a defendant an appeal that the defendant would have otherwise pursued, prejudice to the defendant should be presumed "with no further showing from the defendant of the merits of his underlying claims." Id., at 484 , 120 S.Ct. 1029 . This case asks whether that rule applies even when the defendant has, in the course of pleading guilty, signed what is often called an "appeal waiver"-that is, an agreement forgoing certain, but not all, possible…
Also in this document: Dissent.
2Cases cited64 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Anders v. CaliforniaSupreme Court of the United States · 1967
- Penson v. OhioSupreme Court of the United States · 1988
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Gideon v. WainwrightSupreme Court of the United States · 1963
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3Cited by476 opinions
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- Phillip Hartsfield v. Stephanie DorethyCourt of Appeals for the Seventh Circuit · 2020
- United States v. Jesmene LockhartCourt of Appeals for the Fourth Circuit · 2020
- Collier v. StateSupreme Court of Georgia · 2019
- United States v. HerringCourt of Appeals for the Tenth Circuit · 2019
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