Legal Opinion
Jose M. Hernandez v. United States
Court of Appeals for the Second Circuit
Decided February 3, 2000No. 1998PublishedCited by 17 opinions
1Opinion of the Court
LEVAL, Circuit Judge:
Jose M. Hernandez appeals from a decision of the United States District Court for the District of Vermont (Murtha, C. J.), denying his habeas corpus petition filed pursuant to 28 U.S.C. § 2255. The District Court held that Hernandez was not entitled to relief on his claim of ineffectiveness of counsel because he could not establish that his attorney’s failure to prosecute an appeal from his criminal conviction resulted in “prejudice.” Plaintiff argues that, under such circumstances, a habeas petitioner need not establish prejudice. We agree.
BACKGROUND
On October 17, 1994,…
2Cases cited7 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Penson v. OhioSupreme Court of the United States · 1988
- Rodriquez v. United StatesSupreme Court of the United States · 1969
- Peguero v. United StatesSupreme Court of the United States · 1999
- Humberto E. Restrepo v. Walter R. KellyCourt of Appeals for the Second Circuit · 1999
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- United States v. HsuCourt of Appeals for the Second Circuit · 2012
- United States v. RussellCourt of Appeals for the Fifth Circuit · 2000
- Jenkins v. DIRECTOR OF VIRGINIA CENTERSupreme Court of Virginia · 2006
- Rosario v. ErcoleDistrict Court, S.D. New York · 2008
- Carranza v. United StatesCourt of Appeals for the Second Circuit · 2015
12 more not listed; retrieve them via the Exa API.