Legal Opinion

Bell v. Miller

Court of Appeals for the Second Circuit

Decided August 31, 2007No. Docket 05-5235-prPublishedCited by 94 opinions

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

  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. Rompilla v. BeardSupreme Court of the United States · 2005
  5. Angel Sellan v. Robert KuhlmanCourt of Appeals for the Second Circuit · 2001

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3Cited by94 opinions

  1. Ortiz v. BarkleyDistrict Court, S.D. New York · 2008
  2. Lewis v. ZonDistrict Court, S.D. New York · 2008
  3. Carvajal v. ArtusCourt of Appeals for the Second Circuit · 2011
  4. Parisi v. United StatesCourt of Appeals for the Second Circuit · 2008
  5. Bierenbaum v. GrahamCourt of Appeals for the Second Circuit · 2010

89 more not listed; retrieve them via the Exa API.

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