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.
"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
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
What is the test for determining whether a defendant has considered each of the factors that determine whether they have been found liable for damages? (MultiRegion, United States of America)
What is the test for determining whether age was a determining factor in determining whether a plaintiff should be retained or discharged? (MultiRegion, United States of America)
What is the test for determining whether a reasonable person would have understood that the actions of a defendant were unlawful? (MultiRegion, United States of America)
In determining whether to depart upwards under Section 4A1.3 of the Criminal Code, can a defendant's prior arrest record be used to determine if they have a criminal record? (MultiRegion, United States of America)
What is the test for determining whether a defendant is competent to plead guilty under Rule 11 of the Criminal Code? (MultiRegion, United States of America)
Does a victim's subjective state of mind matter in determining whether a defendant's actions would inspire fear in a reasonable person? (MultiRegion, United States of America)
When there has not been a psychiatric evaluation, hearing or judicial determination of competence, when there has been no evidentiary review of the record, what is the test for determining whether defendant Lowenstein is competent to stand trial? (MultiRegion, United States of America)
Does a defendant's right to a jury trial extend to the factual determination of whether that defendant has suffered a prior conviction? (MultiRegion, United States of America)
Is a defendant's reluctance to engage in criminal activity a factor in determining whether they would be liable for criminal charges? (MultiRegion, United States of America)
