Legal Opinion
Whitley v. Ercole
District Court, S.D. New York
Decided July 9, 2013No. 06 Civ. 10198(AKH)PublishedCited by 1 opinion
1Opinion of the Court
ORDER AND OPINION DENYING WRIT OF HABEAS
ALVIN K. HELLERSTEIN, District Judge:
Petitioner Darryl Whitley seeks a writ of habeas corpus on the ground that his trial counsel was constitutionally deficient in failing to request that the trial court admit into evidence the recantation of one of the prosecution’s witnesses. Whitley presented the same claim to the New York courts, which held in 2007 and again in 2009 that Whitley’s trial counsel had not been ineffective. Because I find that the state court’s conclusion was not unreason*346able, I defer to it, and I deny Whitley’s petition.
I. FACTUAL AND…
2Cases cited13 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Harrington v. RichterSupreme Court of the United States · 2011
- Cullen v. PinholsterSupreme Court of the United States · 2011
- Knowles v. MirzayanceSupreme Court of the United States · 2009
- Renico v. LettSupreme Court of the United States · 2010
8 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Jabaut v. MillerDistrict Court, N.D. New York · 2020