Legal Opinion

Junior Frederick v. Warden, Lewisburg Correctional Facility

Court of Appeals for the Second Circuit

Decided October 18, 2002No. 00-2544PublishedCited by 53 opinions

1Opinion of the Court

WINTER, Circuit Judge.

Junior Frederick appeals from Judge McAvoy’s demal of his habeas corpus petition under 28 U.S.C. § 2255. The petition challenged his plea-based conviction on the ground of ineffective assistance of counsel with regard to a motion to withdraw the guilty plea, the sentencing, and the appeal. We reach the merits of appellant’s petition notwithstanding appellant’s general waiver of the right to collaterally attack his conviction. We do so because appellant’s petition goes to the validity of the plea agreement itself and thus has not been waived. However, appellant’s attack…

2Cases cited20 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Hill v. United StatesSupreme Court of the United States · 1962
  3. Henderson v. MorganSupreme Court of the United States · 1976
  4. Mickens v. TaylorSupreme Court of the United States · 2002
  5. Maurice Mayo v. Robert J. Henderson, Superintendent, Robert Abrams, Attorney General of the State of New YorkCourt of Appeals for the Second Circuit · 1994

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3Cited by53 opinions

  1. Puglisi v. United StatesCourt of Appeals for the Second Circuit · 2009
  2. Parisi v. United StatesCourt of Appeals for the Second Circuit · 2008
  3. John F. Kaminski v. United StatesCourt of Appeals for the Second Circuit · 2003
  4. Muniz v. United StatesDistrict Court, S.D. New York · 2005
  5. Percan v. United StatesDistrict Court, S.D. New York · 2003

48 more not listed; retrieve them via the Exa API.

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