Legal Opinion

People v. Turner

New York Court of Appeals

Decided November 17, 2005PublishedCited by 386 opinions

1Opinion of the Court

OPINION OF THE COURT

R.S. Smith, J.

Very rarely, a single lapse by otherwise competent counsel compels the conclusion that a defendant was deprived of his constitutional right to effective legal representation. This is such a rare case, in which both defendant’s trial and appellate lawyers failed to perceive that a statute of limitations defense would have prevented their client’s manslaughter conviction. We conclude that this error requires setting the conviction aside, and we therefore affirm the Appellate Division’s grant of a writ of error coram nobis.

Facts and Procedural History

In 1982,…

2Cases cited21 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Murray v. CarrierSupreme Court of the United States · 1986
  3. People v. BaldiNew York Court of Appeals · 1981
  4. People v. BeneventoNew York Court of Appeals · 1998
  5. People v. StultzNew York Court of Appeals · 2004

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3Cited by386 opinions

  1. People v. EvansNew York Court of Appeals · 2011
  2. People v. CassNew York Court of Appeals · 2012
  3. People v. BassettAppellate Division of the Supreme Court of the State of New York · 2008
  4. Rosario v. ErcoleCourt of Appeals for the Second Circuit · 2010
  5. People v. BarboniNew York Court of Appeals · 2013

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

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