Second Circuit· 10/5/2001

Aparicio v. Artuz

Citations

269 F.3d 78
2001 WL 1245289

How courts have described this case

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

holding that a claim of ineffective assistance cannot rest upon the failure to include a meritless argument
noting, in the habeas context, that “counsel’s failure to object to a jury instruction (or to request an additional instruction
noting the reality that deeming an unpresented claim to be exhausted is “cold comfort”
noting the reality that deeming an unpresented claim to be exhausted is “cold comfort”
“ ‘the relationship of the two offenses [must be] like that of concentric circles rather than overlapping circles’ ”
“New York law prohibits review of a claim on collateral review when the defendant unjustifiably fails to raise the claim on direct appeal.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cabranes, Cote, McLaughlin

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107 cases in this archive cite this case; the 20 most cited are listed.

Cites

62 cases in this archive are cited by this case; the 20 most cited are listed.

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