Summary order from the Second Circuit today in Rodriguez v. Ercole, 10-2412-pr. It's a pretty straightforward, fact-intensive analysis, so there's not much for me to say around here.
In any event, here are the details:
Rodriguez v. Ercole, 10-2412-pr
- Affirming Denial of Habeas
- Argued: 4/13/11; Decided: 5/10/11 (summary order)
- Panel: Leval, Katzmann, Hall
- Lower Ct. Info: 07-CV-415, 2010 WL 2303199 (SDNY June 7, 2010) (SAS) (MHD)
- In Circuit: District Court COA
- Issues: (1) fair trial violation based on improper justification charge; (2) IAC based on counsel's failure to object to the charge and request the correct charge
- D/D: An attorney in my office represents petitioner
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