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· 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

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