Moore v. The State of New York, 09-0019-pr, Dec. 21, 2009, Winter, Raggi, Livingston, order here
- Affirming Denial of Habeas
- Issues: IAC based on counsel's failure to interview and call the person who allegedly bought drugs from petitioner
- Notes: Second Circuit granted COA; MJ held a hearing on the IAC claim below
ANALYSIS: Not much to be said about this case, at least from a habeas point of view. But it did come close to being interesting. Apparently, the lower court concluded that the AEDPA deferential standard of review did not apply here because the state court's ruling on the merits of the IAC claim was only "'contingent,'" relying upon Bell v. Miller, 500 F.3d 149 (2d Cir. 2007). Respondent argued that Bell was distinguishable. The Second Circuit ducked the issue, concluding that even under a de novo review, the claim failed. Oh well.
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