Legal Opinion
Fulton v. Graham
Court of Appeals for the Second Circuit
Decided September 11, 2015No. Docket No. 14-1861-prPublishedCited by 33 opinions
1Opinion of the Court
SUSAN L. CARNEY, Circuit Judge:
Petitioner Derrick Fulton appeals from the May 6, 2014 judgment of the United States District Court for the Northern District of New York (Mae A. D’Agostino, Judge) adopting the Report and Recommendation of a Magistrate Judge (Andrew T. Baxter, Judge) denying his petition for a writ of habeas corpus under 28 U.S.C. § 2254. Fulton contends that the District Court erred in deferring to the state court’s determination that he failed to preserve his ineffective assistance of counsel claim by not raising it on direct appeal in his state court proceedings. We agree.…
2Cases cited27 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Lafler v. CooperSupreme Court of the United States · 2012
- Williams v. TaylorSupreme Court of the United States · 2000
- Bracy v. GramleySupreme Court of the United States · 1997
22 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Altman v. City of High PointCourt of Appeals for the Fourth Circuit · 2003
- Pierotti v. WalshCourt of Appeals for the Second Circuit · 2016
- Hughes v. SheahanDistrict Court, N.D. New York · 2018
- Meszaros v. United StatesDistrict Court, E.D. New York · 2016
- Pena v. United StatesDistrict Court, S.D. Illinois · 2019
28 more not listed; retrieve them via the Exa API.