Legal Opinion

Rojas-Medina v. United States

Court of Appeals for the First Circuit

Decided May 16, 2019No. 18-1150PPublishedCited by 26 opinions

1Opinion of the Court

SELYA, Circuit Judge.

*12 In Roe v. Flores-Ortega , 528 U.S. 470 , 120 S.Ct. 1029 , 145 L.Ed.2d 985 (2000), the Supreme Court held that, as a matter of constitutional law, a defense attorney has a duty to consult with a client about an appeal either when a particular defendant reasonably demonstrated to the attorney that he was interested in appealing or when the circumstances are such that a rational defendant would want to appeal. See id. at 480 , 120 S.Ct. 1029 . The Court went on to hold that when an attorney violates this duty, a presumption of prejudice arises. See id. at 483 , 120 S.Ct.…

2Cases cited28 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. McMann v. RichardsonSupreme Court of the United States · 1970
  3. United States v. Ilario M.A. ZanninoCourt of Appeals for the First Circuit · 1990
  4. Roe v. Flores-OrtegaSupreme Court of the United States · 2000
  5. Garza v. IdahoSupreme Court of the United States · 2019

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3Cited by26 opinions

  1. United States v. WillisCourt of Appeals for the Fifth Circuit · 2023
  2. Miller v. United StatesCourt of Appeals for the First Circuit · 2023
  3. United States v. Gonzalez-AriasCourt of Appeals for the First Circuit · 2019
  4. Michael Shane McCormick, Sr. v. United StatesCourt of Appeals for the Sixth Circuit · 2023
  5. State v. AmmonsNebraska Court of Appeals · 2022

21 more not listed; retrieve them via the Exa API.

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