United States Second Circuit

In petitioner's appeal from a district court's order denying habeas corpus relief from a conviction and prison sentence, and denying a motion under Federal Rule of Civil Procedure 60(b) to reopen that decision, the order is vacated where a defendant who raises on direct appeal ineffective assistance claims based on the strategies, actions, or inactions of counsel that can be, and are, adjudicated on the merits on the trial record is precluded from raising new or repetitive claims based on the same strategies, actions, or inactions in a Section 2255 proceeding. However, such a defendant is not precluded from raising new ineffective assistance claims based on different strategies, actions, or inactions of counsel in a subsequent Section 2255 proceeding.

Appellate Information

• Argued 06/04/2009
• Decided 07/30/2010
• Published 07/30/2010

Judges

• Ralph K. Winter

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Sally Wasserman, Susan Corkery