United States Second Circuit

In a murder prosecution, the denial of petitioner's habeas petition is affirmed where the trial court conducted a thorough hearing, assessing the credibility of the potential witnesses first-hand, in denying petitioner's ineffective assistance claim, and petitioner did not rebut those findings by clear and convincing evidence.

Appellate Information

• Argued 11/19/2009
• Decided 04/12/2010
• Published 04/12/2010

Judges

• WESLEY, Circuit Judge:, Before: CABRANES, STRAUB, WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Jodi K. Miller, Morrison & Foerster, LLP, New York, N.Y. (Carl H. Loewenson, Morrison & Foerster, LLP, New York, NY, and Jin Hee Lee, NAACP Defense and Education Fund, Inc., on the brief), for Petitioner-Appellant.


• For Appellees:
  
• Joseph N. Ferdenzi, Assistant District Attorney, Bronx, N.Y. (Christopher J. Blira-Koessler, Assistant District Attorney, Bronx, NY, for Robert T. Johnson, District Attorney, Bronx County), for Respondents-Appellees.