Although the Bronx Supreme Court initially stated that it declined to reach the merits of a convicted murderer's ineffective assistance of counsel claim, "the remainder of the decision clearly and in considerable detail addressed the merits" of his claim, affording that decision substantial deference, the Second Circuit ruled.
March 18, 2015 at 12:00 AM
1 minute read
A convicted murderer who obtained a writ of habeas corpus had that decision reversed Tuesday by the U.S. Court of Appeals for the Second Circuit.
The circuit reinstated convictions on two counts of second-degree murder against Patrick Smith, who had been granted the writ by a federal judge who said a state trial judge should have recognized he was the victim of ineffective assistance of counsel.
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