Legal Opinion
Fischer v. Smith
Court of Appeals for the Second Circuit
Decided March 17, 2015No. Docket No. 13-3022PublishedCited by 97 opinions
1Opinion of the Court
LOHIER, Circuit Judge:
The principal issue on appeal is whether the State Court decision denying Patrick Smith’s application to vacate his conviction on ineffective assistance of counsel grounds is an “adjudication on the merits” to which we must defer under the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). The United States District Court for the Southern District of New York granted Smith’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 after determining that the State Court decision rested on procedural grounds and that Smith’s trial counsel had…
2Cases cited10 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Harrington v. RichterSupreme Court of the United States · 2011
- Martinez v. RyanSupreme Court of the United States · 2012
- Massiah v. United StatesSupreme Court of the United States · 1964
- Angel Sellan v. Robert KuhlmanCourt of Appeals for the Second Circuit · 2001
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3Cited by97 opinions
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- Fulton v. GrahamCourt of Appeals for the Second Circuit · 2015
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- Schouenborg v. Superintendent Auburn Correctional FacilityCourt of Appeals for the Second Circuit · 2017
- Kelley v. LarkinCourt of Appeals for the Second Circuit · 2017
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