POST CON - GROUNDS - INEFFECTIVE ASSISTANCE OF COUNSEL
Davis v. Woodford, ___ F.3d ___ (9th Cir.
APPEALS - FEDERAL - STRUCTURAL ERROR
United States v. Recio, 371 F.3d 1093 (9th Cir. June 15, 2004) (trial court use of criminal conspiracy rule that was later rejected constituted structural error, requiring reversal without specific showing of prejudice); see Sullivan v. Louisiana, 508 U.S. 275, 282 (1993).
POST CON RELIEF - GROUNDS - INEFFECTIVE ASSISTANCE OF COUNSEL - FEDERAL RULE -- FAILURE TO ADVISE OF COLLATERAL IMMIGRATION CONSEQUENCES DOES NOT CONSTITUTE INEFFECTIVE ASSISTANCE OF COUNSEL
Federal courts consistently have held that deportation is a collateral consequence. For example, in El- Nobani v. United States, 287 F.3d 417, 419 (6th Cir. 2002), the petitioner claimed that his lack of awareness of the deportation consequences rendered his plea involuntary and unknowing. The United States Court of Appeals for the Sixth Circuit disagreed: "A defendant need only be aware of the direct consequences of the plea . . . . A collateral consequence is one that remains beyond the control and responsibility of the district court in which that conviction was entered. . . .
POST CON - FEDERAL - GROUNDS - INEFFECTIVE ASSISTANCE OF COUNSEL- INEFFECTIVE REPRESENTATION DURING PLEA BARGAINING - UNDERSTATEMENT OF EXPOSURE AFTER CONVICTION AT TRIAL
United States v. Grammas, 376 F.3d 433 (5th Cir. 2004) (denial of effective assistance of counsel in plea negotiations where counsel gave incompetent advice, which misstated the exposure defendant faced at trial, and defendant proceeded to trial instead of entering a guilty plea; case remanded for determination of actual prejudiced, i.e., whether defendant would have pleaded guilty with competent advice and whether he would have received a reduced sentence had he pled guilty).
POST CON - GROUNDS - INEFFECTIVE ASSISTANCE - CONFLICT OF INTEREST
Young v. Runnels, ___ F.3d ___ (9th Cir. Jan. 23, 2006) (habeas denial affirmed over ineffective assistance of counsel claim and a conflict of interest claim).
http://caselaw.lp.findlaw.com/data2/circs/9th/0316859p.pdf
POST CON RELIEF - GROUNDS - RIGHT TO COUNSEL - CONFLICT OF INTEREST
Lewis v. Mayle, ___ F.3d ___, 2004 U.S. APP. LEXIS 24595 (9th Cir. Nov.
POST CON RELIEF - GROUNDS - COUNSEL - CONFLICT OF INTEREST - COUNSEL PAID BY CODEFENDANT NOT SUBJECT TO ACTUAL, MERELY THEORETICAL, CONFLICT OF INTEREST
United States v. Wells, 394 F.3d 725 (9th Cir. Jan. 11, 2005) (fact that co-defendant paid defendant's attorney's fees did not by itself create an actual conflict of interest: the defendant knew who paid the fee, counsel competently represented him, and there was some question whether the defendant paid some of the fee; payment by third party does create a "theoretical division of loyalties," (quoting Mickens v. Taylor, 535 U.S. 162, 171 (2002).) See also Wood v. Georgia, 450 U.S. 261, 268-269 (1981).))
POST CON - FEDERAL - HABEAS - INEFFECTIVE COUNSEL
Daniels v. Woodford, 428 F.3d 1181 (9th Cir. Nov. 2, 2005) (ineffective assistance of counsel where conflict of interest arose where defense counsel was acting in his own self interest in seeking job with district attorneys office).
http://caselaw.lp.findlaw.com/data2/circs/9th/0299002p.pdf
POST CON RELIEF - FEDERAL - GROUNDS - COUNSEL - ERRONEOUS DENIAL OF PRE-TRIAL MOTION TO SUBSTITUTE COUNSEL ON GROUNDS OF IRRECONCILABLE CONFLICT
Plumlee v. Del Papa, ___ F.3d ___ (9th Cir. October 18, 2005) (reversing denial of plaintiff's petition for a writ of habeas corpus where Sixth Amendment rights were violated when the trial judge denied pre-trial motion to substitute counsel on the basis of an irreconcilable conflict).
http://caselaw.lp.findlaw.com/data2/circs/9th/0415101p.pdf
POST CON - GROUNDS - CONFLICT OF INTEREST
Lewis v. Mayle, ___ F.3d ___ (9th Cir. November 29, 2004) (conviction vacated on federal habeas petition reversed where criminal lawyer had actual conflict of interest that adversely affected representation of his client).
http://caselaw.lp.findlaw.com/data2/circs/9th/0316152p.pdf
