Does a failure to raise at sentencing at sentencing render trial counsel ineffective?
MultiRegion, United States of America
The following excerpt is from Lejarde v. U.S., 101 F.3d 683 (2nd Cir. 1996):
In any event, the calculations appear to be correct, and the failure to raise at sentencing whatever dispute could arguably have been made does not render trial counsel ineffective within the meaning of Strickland v. Washington, 466 U.S. 668 (1984).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there any case law where a defendant alleges that both counsel at trial and appellate counsel rendered ineffective assistance? (MultiRegion, United States of America)
Does counsel's failure to oppose or challenge the sentencing court constitute ineffective assistance of counsel? (MultiRegion, United States of America)
Is ineffective trial counsel ineffective for failing to raise a meritless objection? (MultiRegion, United States of America)
Does counsel's failure to make a motion to exclude the evidence constitute ineffective assistance of counsel in violation of the Sixth Amendment? (MultiRegion, United States of America)
Is there any evidence that the trial counsel was ineffective at trial? (MultiRegion, United States of America)
Does a motion for a new trial have to consider the ineffective assistance of trial counsel? (MultiRegion, United States of America)
Does a state appellate court find ineffective trial counsel ineffective by failing to object when the prosecutor asked eyewitnesses whether they had been intimidated by a couple of Vietnamese men? (MultiRegion, United States of America)
What is the effect of a decision by a panel of the 9th Circuit of Justice denying habeas relief for ineffective assistance of counsel at trial and at sentencing? (MultiRegion, United States of America)
What is the burden of appealing against a sentencing judge's sentencing in a case where the sentencing judge referred to a prior error in sentencing? (MultiRegion, United States of America)
Does the sentencing packaging doctrine apply to a case where both a new sentence and a revocation sentence were imposed at the conclusion of a single sentencing proceeding? (MultiRegion, United States of America)
