Legal Opinion
Oscar Boria v. John Keane, Superintendent, Sing Sing Correctional Facility
Court of Appeals for the Second Circuit
Decided July 17, 1996No. 1332, Docket 95-2688PublishedCited by 78 opinions
1Per curiam
Oral argument 1 occurred in this case on March 29, 1996. The panel issued its decision on May 3, 1996. The panel concluded, and continues to hold, that Oscar Boria’s lawyer failed to meet the minimal requirements of constitutional competency when he failed to give his client any advice as to the wisdom of accepting or rejecting the state’s initial plea offer, which, if accepted, would have resulted in a sentence of one to three years. Lacking such counsel, Boria rejected the plea offer. Upon his rejection, the state re-charged Boria with a more serious crime. Boria was convicted at trial and…
2Cases cited4 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
- Von Moltke v. GilliesSupreme Court of the United States · 1948
- Oscar Boria v. John Keane, Superintendent, Sing Sing Correctional FacilityCourt of Appeals for the Second Circuit · 1996
3Cited by78 opinions
- Lindh v. MurphySupreme Court of the United States · 1997
- Aaron Lindh v. James P. Murphy, WardenCourt of Appeals for the Seventh Circuit · 1996
- Patrick James Jeffries v. Tana Wood, SuperintendentCourt of Appeals for the Ninth Circuit · 1997
- Richard Gerry Drinkard v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1996
- Anthony Hall v. Odie Washington, DirectorCourt of Appeals for the Seventh Circuit · 1997
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