United States Second Circuit

In this case, petitioner filed a motion to vacate his conviction for two counts of murder in the second degree, alleging various claims of ineffectiveness of trial counsel, denial of a fair trial, and other assorted trial errors. After a state court decision denying the motion to vacate, petitioner filed a petition for a writ of habeas corpus, which was granted by the district court after the district court determined that the state court decision rested on procedural grounds and that petitioner's trial counsel had provided ineffective assistance when he failed to move to suppress certain testimony. The decision of the district court granting the petition for habeas relief is reversed, where the state court decision denying petitioner's motion to vacate his conviction is an "adjudication on the merits" entitled to deference under the Antiterrorism and Effective Death Penalty Act, and not so lacking in justification as to warrant habeas relief.

Appellate Information

• Decided 03/17/2015
• Published 03/17/2015

Judges

• Lohier

Court

• United States Second Circuit

Counsel