Legal Opinion
Eisemann v. Herbert
District Court, E.D. New York
Decided July 31, 2003No. 99-CV-2826 (JBW), 03-MISC-0066 (JBW)PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM, JUDGMENT & ORDER
WEINSTEIN, Senior District Judge.
The petition for a writ of habeas corpus is granted. Defense counsel’s representation and conflicts so tainted this conviction as to require its being characterized as a nullity. That defense counsel’s associate, who conducted most of the actual trial, did a decent job does not mitigate the serious constitutional violations.
A hearing was held in this matter. Petitioner’s counsel was present in person. The court ordered petitioner to be available by telephone, but he was not because of administrative problems at the prison. His…
2Cases cited39 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Miller-El v. CockrellSupreme Court of the United States · 2003
- Williams v. TaylorSupreme Court of the United States · 2000
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Rose v. LundySupreme Court of the United States · 1982
34 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Robert Eisemann v. Victor Herbert, Superintendent, Collins Correctional FacilityCourt of Appeals for the Second Circuit · 2005