United States Second Circuit

State court's conclusion that plaintiff failed to show how his counsel's error could have affected the outcome of his plea agreement is not entitled to deferential review when court fails to use correct standard of review for ineffective assistance of counsel.

Appellate Information

• Decided 11/15/2000
• Published 11/15/2000

Judges

• PARKER, Circuit Judge:, Before:  OAKES, CALABRESI, and PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Susan Axelrod, Assistant District Attorney for New York County, New York, N.Y. (Robert M. Morgenthau, District Attorney for New York County;  Morrie I. Kleinbart, on the brief) for Appellant Michael McGinnis.


• For Appellees:
  
• Frank J. Loss, The Legal Aid Society, New York, NY, for Appellee.