United States Second Circuit

Denial of petition for writ of habeas corpus is affirmed where: 1) petitioner's claim is procedurally barred as he failed to adequately exhaust state remedies before seeking federal habeas relief; and 2) habeas relief is not warranted as petitioner cannot demonstrate that clearly established Supreme Court precedent compelled the state court to conclude that his confession was inadmissible as the product of interrogation rather than admissible as a volunteered statement.

Appellate Information

• Decided 08/04/2009
• Published 08/04/2009

Judges

• REENA RAGGI, Circuit Judge:, Before:  WALKER, CABRANES, and RAGGI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Monica R. Jacobson, New York, NY, for Petitioner-Appellant.


• For Appellees:
  
• Morgan J. Dennehy (Leonard Joblove, Victor Barall, on the brief), on behalf of Charles J. Hynes, District Attorney, Kings County, Brooklyn, NY, for Respondent-Appellee.