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Criminal Law

: Defense Newsletter Blog

Gordon: Counsel not ineffective in failure to insist on allocution

By Tim Cone

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In Gordon v. U.S., No. 05-16703 (March 7, 2008), the Court held that the defendant did not establish ineffective assistance of counsel. Gordon claimed that his counsel was ineffective for failing to object to the district court?s failure to address Gordon personally at sentencing. The Court held that even though such a failure can constitute "plain error" on direct appeal, it would not presume prejudice to the defendant in a § 2255 context. Here, the defendant did not establish prejudice.The Cou read more

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Full post as published by Defense Newsletter Blog on March 14, 2008 (boomark / email).

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