No. 17-1026October Term 2018Decided Feb 27, 2019
Garza v. Idaho
This case asked whether a criminal defense lawyer gives ineffective assistance by refusing to file a notice of appeal after the defendant asks for one, even though the defendant signed a plea agreement waiving appeal rights.
Case status
- Current stage
- Decided
- Latest event
- Decision released Feb 27, 2019
- What it's about
This case asked whether a criminal defense lawyer gives ineffective assistance by refusing to file a notice of appeal after the defendant asks for one, even though the defendant signed a plea agreement waiving appeal rights. The Supreme Court held that the usual presumption of prejudice applies in that situation because some issues may still be appealable despite the waiver.
Question presented
Does the "presumption of prejudice" recognized in Roe v. Flores-Ortega , 528 U.S. 470 (2000), apply where a criminal defendant instructs his trial counsel to file a notice of appeal but trial counsel decides not to do so because the defendant's plea agreement included an appeal waiver?
- Case path
Supreme Court of Idaho / Decision released Feb 27, 2019
- Area
Decided Supreme Court case
Timing
Decided February 27, 2019
The Court released its decision on February 27, 2019 without hearing oral argument.
Related cases
Grounding
- Grounding
- Primary-source trail available.
- Note
- Plain-English explainer. Official filings and opinions remain authoritative.
- Checked
- Jun 1, 2026
- Method
- Methodology