· 3/11/1996
In re the Arbitration between Prudential Securities Inc. & Pesce
Citations
- 168 Misc. 2d 699
- 642 N.Y.S.2d 466
- 1996 N.Y. Misc. LEXIS 141
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that when reviewing Martinez-Trevino habeas claims, a federal court generally cannot consider any evidence outside the original state-court records
- holding that pursuant to 28 U.S.C. § 2254(e)(2), a habeas court may not consider matter outside the pleadings to determine the effectiveness of post-conviction counsel
- concluding that Shinn foreclosed consideration of evidence outside of state-court record that did not meet § 2254(e)(2
- concluding that Shinn foreclosed consideration of evidence outside of state-court record that did not meet § 2254(e)(2
- holding that federal habeas court may not expand factual record unless the “extraordinary” circumstances contemplated by Section 2254(e)(2) are present
- holding that “a 8 federal habeas court may not conduct an evidentiary hearing or otherwise consider 9 evidence beyond the state-court record based on ineffective assistance of state 10 postconviction counsel” unless the prisoner can satisfy 28 U.S.C. § 2254(e)(2
Source: CourtListener parenthetical corpus (CC0).
Judges: Cahn
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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