Legal Opinion

Lynch v. Dolce

Court of Appeals for the Second Circuit

Decided June 18, 2015No. Docket No. 14-1675-prPublishedCited by 65 opinions

1Opinion of the Court

GERARD E. LYNCH, Circuit Judge:

Robert Lynch appeals from the denial of his petition for a writ of habeas corpus based on a claim of ineffective assistance of appellate counsel. The state court refused Lynch’s trial counsel’s request to charge the jury that, to find Lynch guilty of first-degree robbery by using or threatening the immediate use of a dangerous instrument, it had to find that Lynch actually possessed a dangerous instrument at the time of the crime. Although trial counsel made a full record on that request, and cited the applicable New York Court of Appeals case holding such…

2Cases cited33 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Anders v. CaliforniaSupreme Court of the United States · 1967
  3. Chapman v. CaliforniaSupreme Court of the United States · 1967
  4. Williams v. TaylorSupreme Court of the United States · 2000
  5. Harrington v. RichterSupreme Court of the United States · 2011

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3Cited by65 opinions

  1. Chrysler v. GuineyCourt of Appeals for the Second Circuit · 2015
  2. Weingarten v. United StatesCourt of Appeals for the Second Circuit · 2017
  3. Tavarez v. LarkinCourt of Appeals for the Second Circuit · 2016
  4. Orlando v. Nassau Cnty. Dist. Attorney's OfficeCourt of Appeals for the Second Circuit · 2019
  5. Frank Loher v. Todd ThomasCourt of Appeals for the Ninth Circuit · 2016

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