Page:Gilberto Garza, Jr. v. Idaho.pdf/1

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Petitioner Gilberto Garza, Jr., signed two plea agreements, each arising from state criminal charges and each containing a clause stating that Garza waived his right to appeal. Shortly after sentencing, Garza told his trial counsel that he wished to appeal. Instead of filing a notice of appeal, counsel informed Garza that an appeal would be “problematic” given Garza’s appeal waiver. After the time period for Garza to preserve an appeal lapsed, he sought state postconviction relief, alleging that his trial counsel had rendered ineffective assistance by failing to file a notice of appeal despite his repeated requests. The Idaho trial court denied relief, and the Idaho Court of Appeals affirmed. Also affirming, the Idaho Supreme Court held that Garza could not show the requisite deficient performance by counsel and resulting prejudice. In doing so, the court concluded that the presumption of prejudice recognized in Roe v. Flores-Ortega, 528 U. S. 470, when trial counsel fails to file an appeal as instructed does not apply when the defendant has agreed to an appeal waiver.

Held: Flores-Ortega’s presumption of prejudice applies regardless of whether a defendant has signed an appeal waiver. Pp. 3–14.
 * (a) Under Strickland v. Washington, 466 U. S. 668, a defendant who claims ineffective assistance of counsel must prove (1) “that counsel’s representation fell below an objective standard of reasonableness,” id., at 687–688, and (2) that any such deficiency was “prejudicial to the defense,” id., at 692. However, “prejudice is presumed” in “certain Sixth Amendment contexts,” ibid., such as “when counsel’s constitutionally deficient performance deprives a defendant of an appeal that he otherwise would have taken,” Flores-Ortega, 528 U. S., at 484. Pp. 3–4.
 * (b) This case hinges on two procedural devices: appeal waivers and notices of appeal. No appeal waiver serves as an absolute bar to all