United States Second Circuit

In an appeal of a child sexual abuse conviction, where defense counsel's trial strategy is unavailable for review, the denial of petitioner's writ of habeas corpus, pursuant to 28 U.S.C. section 2254, is vacated and remanded for an evidentiary hearing.

Appellate Information

• Decided 02/14/2003
• Published 02/14/2003

Judges

• KATZMANN, Circuit Judge., Before:  OAKES, CABRANES, KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Brian Sheppard, New Hyde Park, NY, for Petitioner-Appellant.


• For Appellees:
  
• Joseph Kilbridge, Assistant District Attorney (Frank J. Clark, District Attorney, Erie County, J. Michael Marion, Assistant District Attorney, on the brief), Buffalo, N.Y., for Respondent-Appellee.