Roe v. Flores-Ortega, 528 U.S. 470, 4 (2000)

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Cite as: 528 U. S. 470 (2000)

Opinion of the Court

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.*

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 respond-ent's consent.

I

The State of California charged respondent, Lucio Flores-Ortega, with one count of murder, two counts of assault, and a personal use of a deadly weapon enhancement allegation. In October 1993, respondent appeared in Superior Court with his court-appointed public defender, Nancy Kops, and a Spanish language interpreter, and pleaded guilty to second-degree murder. The plea was entered pursuant to a California rule permitting a defendant both to deny committing a crime and to admit that there is sufficient evidence to convict him. See People v. West, 3 Cal. 3d 595, 477 P. 2d 409 (1970). In exchange for the guilty plea, the state prosecutor moved to strike the allegation of personal use of a deadly weapon and to dismiss both assault charges. On November 10, 1993,

*Kent S. Scheidegger and Christine M. Murphy filed a brief for the Criminal Justice Legal Foundation as amicus curiae urging reversal.

Lawrence S. Lustberg, Kevin McNulty, and Lisa B. Kemler filed a brief for the National Association of Criminal Defense Lawyers as amicus curiae urging affirmance.

473

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