Legal Opinion

Allah v. LeFevre

District Court, S.D. New York

Decided March 3, 1986No. 85 Civ. 3678 (MEL)PublishedCited by 10 opinions

1Opinion of the Court

•LASKER, District Judge.

Petitioner Barshai Allah seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1982) on the ground that his conviction was obtained in violation of his Sixth Amendment right to effective assistance of counsel. Four years ago this court dismissed a nearly identical’petition by Allah for failure to exhaust state remedies. Allah v. Henderson, 526 F.Supp. 282 (S.D.N.Y.1981), aff 'd mem., 697 F.2d 287 (2d Cir. 1982). We conclude that an evidentiary hearing is necessary and appropriate under the circumstances in order to develop the factual record.

I

As stated in the…

2Cases cited23 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Wainwright v. SykesSupreme Court of the United States · 1977
  3. Townsend v. SainSupreme Court of the United States · 1963
  4. Stone v. PowellSupreme Court of the United States · 1976
  5. Engle v. IsaacSupreme Court of the United States · 1982

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3Cited by10 opinions

  1. Shaw v. ScullyDistrict Court, S.D. New York · 1987
  2. Kirk v. BurgeDistrict Court, S.D. New York · 2009
  3. Cappiello v. HokeDistrict Court, E.D. New York · 1988
  4. Torres v. IrvinDistrict Court, S.D. New York · 1998
  5. Parker v. ErcoleDistrict Court, N.D. New York · 2008

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