Anthony Armienti v. United States
Court of Appeals for the Second Circuit
1Opinion of the Court
BACKGROUND
SACK, Circuit Judge:
The United States District Court for the Eastern District of New York (Sterling Johnson, Jr., Judge) denied petitioner’s ha-beas corpus petition without holding an evidentiary hearing. The petition had been brought pursuant to 28 U.S.C. § 2255 on the grounds that petitioner’s trial counsel represented petitioner while laboring under a conflict of interest. We hold that an evidentiary hearing was required.
Vacated and remanded for an eviden-tiary hearing as to whether petitioner’s attorney’s alleged conflict of interest constituted an actual conflict that adversely…
2Cases cited22 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Cuyler v. SullivanSupreme Court of the United States · 1980
- Wood v. GeorgiaSupreme Court of the United States · 1981
- Alixcair Valverde v. James Stinson, Superintendent, Great Meadow Corr. Fac.Court of Appeals for the Second Circuit · 2000
- United States v. Chaim LevyCourt of Appeals for the Second Circuit · 1994
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- Frank Smaldone v. Daniel Senkowski, Superintendent, Clinton Correctional FacilityCourt of Appeals for the Second Circuit · 2001
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