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Argued November 1, 1999.
Decided February 23, 2000.
Attorney(s) appearing for the Case
Paul E. O'Connor, Deputy Attorney General of California, argued the cause for petitioner. With him on the briefs were Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Robert R. Anderson and Arnold O. Overoye, Senior Assistant Attorneys General, Margaret Venturi, Supervising Deputy Attorney General, and Ward A. Campbell, Assistant Supervising Deputy Attorney General.
Edward C. DuMont argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Waxman, Assistant Attorney General Robinson, Deputy Solicitor General Dreeben, and Nina Goodman.
Quin Denvir argued the cause for respondent. With him on the brief were Ann H. Voris and Mary French.*
O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Scalia, Kennedy, Thomas, and Breyer, JJ., joined, and in which Stevens, Souter, and Ginsburg, JJ., joined as to Part II—B. Breyer, J., filed a concurring opinion, p. 488. Souter, J., filed an opinion concurring in part and dissenting in part, in which Stevens and Ginsburg, JJ., joined, p. 488. Ginsburg, J., filed an opinion concurring in part and dissenting in part, p. 493.
United States Supreme Court.
Justice O'Connor, delivered the opinion of the Court.
In this case we must decide the proper framework for evaluating an ineffective assistance of counsel claim, based on counsel's failure to file a notice of appeal without respondent's consent.
I
The State of California charged respondent, Lucio FloresOrtega, with one count of murder, two counts of assault, and a personal use of a deadly weapon enhancement allegation. In October 1993, respondent...
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