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United States convention rights

Garza v Idaho

586 U.S. 232 (2019)
JurisdictionUnited States
CourtUS Supreme Court
Year2019
StatusBinding authority

Summary

Under the Sixth Amendment, counsel's failure to file a notice of appeal despite a client's explicit request constitutes per se prejudice, regardless of appeal waivers.

Key Principle

Sixth Amendment; counsel's failure to file notice of appeal despite client's request is per se prejudicial; Roe v Flores-Ortega

Area of Law

criminal

Related Cases

Pell v The Queen (2020) 268 CLR 123

Appellate court must itself assess whether jury verdict was unreasonable where unchallenged opportunity evidence raised reasonable doubt as to guilt.

Smethurst v Commissioner of Police (2020) 272 CLR 177

Search warrant executed at journalist's home held invalid for technical defects; High Court considered scope of implied freedom of political communication but declined to quash the warrant on that basis.

De Silva v The Queen (2019) 268 CLR 57

The High Court considered the Browne v Dunn rule and the appropriate jury directions when a party fails to cross-examine a witness on a matter it intends to contradict.

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