United States Second Circuit

In the state's appeal from a district court's order granting a writ of habeas corpus to petitioner on the ground of ineffective assistance of state appellate counsel, and ordering a new trial, the order is affirmed where appellate counsel's failure to raise petitioner's mistrial claim was not a sound strategic decision, but a mistake based on counsel's misunderstanding that the mistrial claim, which trial counsel explicitly made, had not been preserved.

Appellate Information

• Decided 04/02/2010
• Published 04/02/2010

Judges

Court

• United States Second Circuit

Counsel