Legal Opinion
John Castellanos v. United States of America, Kevin B. Streete v. United States
Court of Appeals for the Seventh Circuit
Decided June 10, 1994No. 93-1287, 93-1626PublishedCited by 207 opinions
1Opinion of the Court
EASTERBROOK, Circuit Judge.
These appeals present a common question: whether a prisoner who contends that his attorney rendered ineffective assistance by failing to perfect an appeal from his conviction must show that he would have prevailed had an appeal been taken. We answer “no.” If the defendant told his lawyer to appeal, and the lawyer dropped the ball, then the defendant has been deprived, not of effective assistance of counsel, but of any assistance of counsel on appeal. Abandonment is a per se violation of the sixth amendment. United States v. Cronic, 466 U.S. 648, 658-59, 104 S.Ct.…
2Cases cited23 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Anders v. CaliforniaSupreme Court of the United States · 1967
- Penson v. OhioSupreme Court of the United States · 1988
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Murray v. CarrierSupreme Court of the United States · 1986
18 more not listed; retrieve them via the Exa API.
3Cited by207 opinions
- Roe v. Flores-OrtegaSupreme Court of the United States · 2000
- Ramirez v. United StatesDistrict Court, S.D. New York · 2012
- Kafo, Saidi v. United StatesCourt of Appeals for the Seventh Circuit · 2006
- Thomas L. Ludwig v. United StatesCourt of Appeals for the Sixth Circuit · 1998
- Walter F. Kusay, Jr. v. United StatesCourt of Appeals for the Seventh Circuit · 1995
202 more not listed; retrieve them via the Exa API.