Bell v. Miller
Court of Appeals for the Second Circuit
1Opinion of the Court
DENNIS JACOBS, Chief Judge:
Petitioner-appellant Derrick Bell, who was convicted of robbery and assault in New York State Supreme Court, Kings County, is seeking a writ of habeas corpus on the ground that his lawyer was constitutionally deficient for having failed to consult a medical expert regarding the reliability of the complaining witness’s identification — the only evidence tying Bell to the crime. The witness was shot in the thigh, lost half his blood, was heavily medicated, lapsed into a coma for eleven days, and identified Bell by name after recovering consciousness — notwithstanding…
2Cases cited17 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Williams v. TaylorSupreme Court of the United States · 2000
- Wiggins v. Smith, WardenSupreme Court of the United States · 2003
- Rompilla v. BeardSupreme Court of the United States · 2005
- Angel Sellan v. Robert KuhlmanCourt of Appeals for the Second Circuit · 2001
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3Cited by94 opinions
- Ortiz v. BarkleyDistrict Court, S.D. New York · 2008
- Lewis v. ZonDistrict Court, S.D. New York · 2008
- Carvajal v. ArtusCourt of Appeals for the Second Circuit · 2011
- Parisi v. United StatesCourt of Appeals for the Second Circuit · 2008
- Bierenbaum v. GrahamCourt of Appeals for the Second Circuit · 2010
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