Mullins v. Bennett

SUMMARY ORDER

Superintendent Fred G. Bennett appeals the district court’s grant of a writ of habeas corpus based on ineffective assistance of appellate counsel. See Mullins v. Bennett, 408 F.Supp.2d 160 (W.D.N.Y.2006). We assume the parties’ familiarity with the facts, proceedings below, and specification of appellate issues. We hold as follows.

Under the Antiterrorism and Effective Death Penalty Act, we may not grant the writ of habeas corpus on any claim that was adjudicated on the merits in state court proceedings unless the adjudication of that claim resulted in a decision that was contrary…