United States Second Circuit

In claim pursuant to 28 U.S.C. section 2254 arising from petitioner's state court robbery conviction, denial of writ of habeas corpus is affirmed where: 1) defense counsel agreed to stipulate at trial that an identification witness had previously identified the petitioner when defense counsel showed her a photo array prior to trial; 2) defense counsel's duty to follow ethical guidelines and correct a witness's in-court statements that he knew to be false did not create a conflict of interest with his client such that petitioner was relieved of having to demonstrate that counsel's actions had a probable effect on the outcome of the trial; and 3) petitioner was unable to show prejudice from defense counsel's conduct.

Appellate Information

• Decided 01/30/2009
• Published 01/30/2009

Judges

Court

• United States Second Circuit

Counsel