Legal Opinion

McCullough v. Bennett

District Court, N.D. New York

Decided October 29, 2003No. 9:99-cv-01076PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

On July 12, 1999, petitioner David McCullough (“petitioner”) filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, alleging entitlement to relief because of ineffective assistance of counsel at trial and on appeal. Respondent filed an answer to the petition and a memorandum of law seeking its dismissal. On June 4, 2003, Magistrate Judge Gary L. Sharpe recommended that the petition be denied and dismissed on the grounds that petitioner failed to demonstrate that his trial or appellate counsel acted…

2Cases cited23 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Williams v. TaylorSupreme Court of the United States · 2000
  3. Wiggins v. Smith, WardenSupreme Court of the United States · 2003
  4. McMann v. RichardsonSupreme Court of the United States · 1970
  5. Irvin v. DowdSupreme Court of the United States · 1961

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3Cited by1 opinion

  1. McCullough v. BennettCourt of Appeals for the Second Circuit · 2005

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