Legal Opinion
People v. Somerville
New York Supreme Court
Decided February 3, 2004PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
John M. Leventhal, J.
This matter is before the court for resentencing after the United States District Court for the Eastern District of New York granted the defendant’s petition for a writ of habeas corpus (Somerville v Conway, 281 F Supp 2d 515 [2003]). The United States District Court for the Eastern District of New York (Weinstein, J.) ordered that the defendant be resentenced because he was not afforded effective assistance of counsel at sentencing. The defendant claims that the court may not adjudicate him a second violent felony offender under the doctrines of the…
2Cases cited72 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Apprendi v. New JerseySupreme Court of the United States · 2000
- North Carolina v. PearceSupreme Court of the United States · 1969
- Ashe v. SwensonSupreme Court of the United States · 1970
- United States v. DiFrancescoSupreme Court of the United States · 1980
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3Cited by2 opinions
- Somerville v. HuntCourt of Appeals for the Second Circuit · 2012
- People v. SomervilleNew York Supreme Court, Kings County · 2004