context: Dist. Ct. Op. at 27; JA 134. The "ignored her client's wishes" reference, however, is an oblique one because it comes at the end of a paragraph that discusses only specific instances in which trial counsel failed to adhere to Coddington's wishes and because it never says Coddington specifically instructed his appellate counsel (Pilette) to appeal the issue. That trial counsel allegedly failed to follow Coddington's wishes merely confirms that Coddington had a strong issue to appeal. In the absence of a directive from Coddington to Pilette to appeal his plea, however, we are left with a situation in which Coddington conveyed at most an ambiguous interest in altering his sentence but not "express instructions" regarding the appeal.
citation_a.signal: see
citation_a.parenthetical: "If counsel has consulted with the defendant, the question of deficient performance is easily answered: Counsel performs in a professionally unreasonable manner only by failing to follow the defendant's express instructions with respect to an appeal."
citation_a.sentence: See Roe v. Flores-Ortega, 528 U.S. 470, 478, 120 S.Ct. 1029, 145 L.Ed.2d 985 (2000) (“If counsel has consulted with the defendant, the question of deficient performance is easily answered: Counsel performs in a professionally unreasonable manner only by failing to follow the defendant’s express instructions with respect to an appeal.”) (emphasis added); see also Regalado v. United States, 334 F.3d 520, 525-26 (6th Cir.2003) (attorney’s performance not deficient when client expressed a desire to appeal, but did not expressly instruct her attorney to do so).
citation_b.signal: see also
citation_b.identifier: 334 F.3d 520, 525-26
citation_b.parenthetical: attorney's performance not deficient when client expressed a desire to appeal, but did not expressly instruct her attorney to do so
citation_b.sentence: See Roe v. Flores-Ortega, 528 U.S. 470, 478, 120 S.Ct. 1029, 145 L.Ed.2d 985 (2000) (“If counsel has consulted with the defendant, the question of deficient performance is easily answered: Counsel performs in a professionally unreasonable manner only by failing to follow the defendant’s express instructions with respect to an appeal.”) (emphasis added); see also Regalado v. United States, 334 F.3d 520, 525-26 (6th Cir.2003) (attorney’s performance not deficient when client expressed a desire to appeal, but did not expressly instruct her attorney to do so).