United States Second Circuit

In case where petitioner was convicted of second degree murder, robbery, and lesser crimes in state court, judgment of district court granting petitioner a writ of habeas corpus is reversed where: 1) petitioner's failure to timely appeal her conviction was an adequate state procedural bar foreclosing federal review of the merits of her Sixth Amendment claim absent a showing of cause and prejudice, and there was no prejudice; and 2) if she was without certain protections guaranteed by the Constitution, that was because she knowingly and intelligently exercised her constitutional right to make those choices.

Appellate Information

• Decided 01/03/2008
• Published 01/03/2008

Judges

• DENNIS JACOBS, Chief Judge:, Before:  JACOBS, Chief Judge, LEVAL, and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Lawrence Lederman, Milbank, Tweed, Hadley & McCloy, New York, NY, and Leon Friedman, New York, NY, for Petitioner-Appellee., Michael E. Bongiorno, District Attorney, Rockland County (Ann C. Sullivan, Special Assistant District Attorney, on the brief), New City, NY, for Respondents-Appellants.