Legal Opinion

In re Flannery

Court of Appeals for the Second Circuit

Decided June 14, 1999No. Docket Nos. 97-8210, 96-8212, 95-8208 and 97-8222PublishedCited by 6 opinions

1Opinion of the Court

CORRECTED OPINION

2Per curiam

The Sixth Amendment’s guarantee of effective assistance of appellate counsel, see Evitts v. Lucey, 469 U.S. 387, 105 S.Ct. 830, 83 L.Ed.2d 821 (1985), requires that defense attorneys in criminal cases prosecute appeals vigorously and diligently. See United States v. Gerrity, 804 F.2d 1330, 1331 (7th Cir.1986) (per curiam) (“The [criminal] defendants, often imprisoned while their appeals are pending, depend on their attorneys to prosecute their appeals vigorously....”). The vigorous prosecution of an appeal requires minimally the filing of a main appellate brief. Each of the…

3Cases cited4 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Evitts v. LuceySupreme Court of the United States · 1985
  3. United States v. GoreCourt of Appeals for the Second Circuit · 1998
  4. United States v. Paul M. Gerrity, United States of America v. Thomas PonchikCourt of Appeals for the Seventh Circuit · 1986

4Cited by6 opinions

  1. Mitchell v. Lyons Professional Services, Inc.Court of Appeals for the Second Circuit · 2013
  2. Attorney Grievance Commission v. AllenbaughCourt of Appeals of Maryland · 2016
  3. In Re RomanCourt of Appeals for the Second Circuit · 2010
  4. United States v. 777 Greene AvenueCourt of Appeals for the Second Circuit · 2010
  5. In re LiuCourt of Appeals for the Second Circuit · 2008

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