(DOWNLOAD) "Henry v. Poole" by 2004 United States Court of Appeals for the Second Circuit August Term ~ Book PDF Kindle ePub Free
eBook details
- Title: Henry v. Poole
- Author : 2004 United States Court of Appeals for the Second Circuit August Term
- Release Date : January 24, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Petitioner Dwayne Henry, a New York State ("State") prisoner convicted of robbery, appeals from a judgment of the United States District Court for the Eastern District of New York, Jack B. Weinstein, Judge, denying his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 alleging that he received ineffective assistance of counsel when his trial attorney elicited and emphasized an alibi that was clearly given for the wrong day. The district court denied the petition on the ground that the state courts rejection of Henrys ineffective-assistance-of-counsel claim was neither contrary to nor an unreasonable application of clearly established federal law, as determined by the United States Supreme Court, see 28 U.S.C. § 2254(d)(1). On appeal, Henry contends that the state courts rejection of his claim constituted an unreasonable application of Strickland v. Washington, 466 U.S. 668 (1984) ("Strickland"). For the reasons that follow, we agree and reverse the judgment; we instruct that a new judgment be entered, ordering that Henry be released unless the State affords him a new trial within 90 days.
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