Richard Langone v. Harold J. Smith, Superintendent, Attica Correctional Facility

denial of rehearing en banc):

I dissent from the court’s refusal to rehear en banc the summary affirmance by written order of a denial of- habeas relief. This case squarely presents not one but two issues worthy of en banc consideration under any test I know: (1) the standard for reviewing claims of ineffective assistance of counsel and (2) the standard for reviewing alleged violations of Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39 (1979).

I. The Sixth Amendment Issue

The panel properly found that Langone’s counsel did not make a “farce and mockery” of Langone’s homicide…