United States Second Circuit
Parker v. Ercole, 10-2510
On a petition for habeas corpus asserting that the petitioner's counsel was ineffective as a result of failing to preserve his claim that there was insufficient evidence to convict him of depraved-indifference murder, judgment denying appellant's petition is affirmed, because even if counsel's failure to preserve the sufficiency claim was objectively unreasonable, there was no reasonable probability that, but for that failure, the result of the state-court proceedings would have been different, and thus it was not prejudicial.
Appellate Information
- Decided 01/23/2012
- Published 01/23/2012
Judges
Court
- United States Second Circuit
Counsel
- For Appellant:
- Julia Pamela Heit, Lisa Ellen Fleischmann