Legal Opinion
United States v. Philip Swaby
Court of Appeals for the Fourth Circuit
Decided April 24, 2017No. 15-7616, 15-7621PublishedCited by 51 opinions
1Opinion of the Court
GREGORY, Chief Judge:
Philip Swaby brings a Sixth Amendment ineffective assistance of counsel challenge to his conviction, which led to his deportation as an aggravated felon. While Swaby’s counsel provided deficient performance, the district court determined that the deficient performance did not prejudice his defense because the court corrected his counsel’s deficiencies. For the reasons below, we reverse the district court’s dismissal, grant Swaby’s habeas petition, and remand for further proceedings.
I
A
Philip Swaby is a citizen of Jamaica, and had been a lawful permanent resident of the…
2Cases cited18 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Slack v. McDanielSupreme Court of the United States · 2000
- Hill v. LockhartSupreme Court of the United States · 1985
- Padilla v. KentuckySupreme Court of the United States · 2010
- Carafas v. LaValleeSupreme Court of the United States · 1968
13 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Daynel Rodriguez-Penton v. United StatesCourt of Appeals for the Sixth Circuit · 2018
- Jerome Byrd v. Greg SkipperCourt of Appeals for the Sixth Circuit · 2019
- United States v. Sherif AkandeCourt of Appeals for the Fourth Circuit · 2020
- United States v. Sergio MurilloCourt of Appeals for the Fourth Circuit · 2019
- People v. AbdallahAppellate Division of the Supreme Court of the State of New York · 2017
46 more not listed; retrieve them via the Exa API.