· 3/29/2002
Alfred Norde v. John P. Keane, Superintendent, Sing Sing Correctional Facility
Citations
- 294 F.3d 401
- 2002 U.S. App. LEXIS 5327
- 2002 WL 483488
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that in order to succeed on this type of Sixth Amendment claim, a petitioner “must demonstrate that he was harmed by the trial judge’s failure to inquire” into his reasons for requesting substitute counsel
- remanding “with instructions to issue the writ unless within sixty days the State elects to retry” the petitioner
- when state court failed to indicate it had considered federal constitutional claims, the claims were not adjudicated on the merits, and federal court should review de novo
- when state court failed to indicate it had considered federal constitutional claims, the claims were not adjudicated on the merits, and federal court should review de novo
- \a defendant who claims denial of counsel at a critical stage in the proceedings need not show prejudice\
- “While Norde’s behavior was significantly less egregious than that of the defendant in Allen, we conclude that Norde’s removal was within the trial judge’s broad discretion.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Miner, Straub, Parker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.