Page:Gilberto Garza, Jr. v. Idaho.pdf/24

Rh that, but for counsel’s deficient failure to consult with him about an appeal, he would have timely appealed.” Ibid. After the defendant makes that showing, we held that he was entitled to a presumption of prejudice because he was denied counsel during the entire appellate proceeding, rendering it presumptively unreliable. Id., at 483–485.

The Court purports to follow Flores-Ortega, but glosses over the important factual and legal differences between that case and this one. The most obvious difference is also the most crucial: There was no appellate waiver in Flores-Ortega. The proximate cause of the defendant’s failure to appeal in that case was his counsel’s failure to file one. Not so here. Garza knowingly waived his appeal rights and never expressed a desire to withdraw his plea. It was thus Garza’s agreement to waive his appeal rights, not his attorney’s actions, that caused the forfeiture of his appeal. Thus, Flores-Ortega is inapposite.

Because Flores-Ortega does not control cases involving defendants who voluntarily waive their appeal rights, this case should be resolved based on a straightforward application of Strickland. Under that framework, Garza has failed to demonstrate either (1) that his counsel was deficient or (2) that he was prejudiced in any way by that alleged deficiency.

As to deficiency, “[n]o particular set of detailed rules for counsel’s conduct can satisfactorily take account of the variety of circumstances faced by defense counsel.” Strickland, 466 U. S., at 688–689. Accordingly, “[j]udicial scrutiny of counsel’s performance must be highly deferential” and focus on “the reasonableness of counsel’s challenged conduct on the facts of the particular case.” Id., at