United States Second Circuit

Denial of petition for habeas corpus relief under 28 U.S.C. section 2254 is vacated where the district court erred in deferring to the state court's determination that petitioner failed to preserve his ineffective assistance of counsel claim by not raising it on direct appeal in his state court proceeding.

Appellate Information

• Decided 09/11/2015
• Published 09/11/2015

Judges

• CARNEY

Court

• United States Second Circuit

Counsel