What is the test for determining whether a defendant would have pleaded a different way of pleading?
MultiRegion, United States of America
The following excerpt is from Doe v. United States, 915 F.3d 905 (2nd Cir. 2019):
Id. (citation omitted).3 Courts cannot rely solely on "post hoc assertions from a defendant about how he would have pleaded but for his attorneys deficiencies"; we must also "look to contemporaneous evidence to substantiate a defendants expressed preferences." Jae Lee v. United States , U.S. , 137 S.Ct. 1958, 1967, 198 L.Ed.2d 476 (2017). This evidence shows that Doe was deeply concerned about deportation.
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