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E.D. New York· 6/13/2013

DiMattina v. United States

Citations

  • 949 F. Supp. 2d 387
  • 2013 WL 2632570

How courts have described this case

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

  • discussing lack of consensus among federal courts as to whether a freestanding actual innocence claim would be cognizable in a federal habeas proceeding and concluding that such claims should be cognizable
  • “It is reasonable to infer that experienced trial counsel chose to allocate resources to pursue more promising defenses rather than one with a low probability of success.”
  • “It is reasonable to infer that experienced trial counsel chose to allocate resources to pursue more promising defenses rather than one with a low probability of success.”
  • “Despite its reluctance to recognize innocence as a ground for habeas relief, the Court nonetheless hinted that a successful innocence claim would, ‘at the least . . . require[ ] more convincing proof of innocence than’ what is required on a gateway claim.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Weinstein

Read full opinion on CourtListener

Cited by

12 cases in this archive cite this case.

Cites

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

Sourced from CourtListener / Free Law Project (CC0).

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