First Circuit· 2/15/2006

Lynch v. Ficco

Citations

438 F.3d 35
2006 U.S. App. LEXIS 3544
2006 WL 336218

How courts have described this case

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

holding that failure to object to inverting jury instruction was ineffective assistance of counsel
explaining that any ineffective assistance claim must be itself exhausted before it may be used to excuse a procedural default of another federal claim
noting that a court may consider a claim subject to the Massachusetts contemporaneous-objection rule only if petitioner showed cause and prejudice or a substantial likelihood of a fundamental miscarriage of justice
noting the petitioner had to prove that “no competent lawyer would have reasonably permitted [the testimony] to be given without objection”
noting Saferian is at least as protective as the federal standard outlined in Strickland v. Washington, 466 U.S. 668 (1984)
petitioner who cannot show prejudice to establish claim under Strickland also cannot meet the “cause and prejudice” standard to excuse procedural default

Source: CourtListener parenthetical corpus (CC0).

Judges: Boudin, Cyr, Lynch

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Cited by

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

Cites

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

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