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· 10/30/2001

Aparicio v. Artuz

Citations

  • 269 F.3d 78

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that counsel need not “advance every nonfrivolous argument that could be made” in the context of an ineffective assistance claim
  • holding that appellate counsel could not be ineffective for failing to make an argument that .“would have been futile because the argument had already been waived by trial counsel’s failure to raise the objection”
  • holding that it is not ineffective assistance where counsel fails to raise meritless claims
  • holding that it is not ineffective assistance where counsel fails to raise meritless claims
  • holding that the New York Appellate Division adjudicated the petitioner’s federal claims on the merits because “there is nothing in its decision to indicate that the claims were decided on anything but substantive grounds.”
  • stating that ineffective 12 assistance of counsel \can establish cause for a procedural default only if it is itself a valid 13 constitutional claim\

Source: CourtListener parenthetical corpus (CC0).

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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.