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· 6/8/2001

Shawn Ian Lainfiesta v. Christopher Artuz, Superintendent, Greenhaven Corr. Facility Elliot Spitzer, Attorney General

Citations

  • 253 F.3d 151
  • 2001 U.S. App. LEXIS 11984

How courts have described this case

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

  • recognizing that the arbitrary deprivation of a second attorney of choice is a constitutional violation subject to harmless error analysis
  • holding that, in the harmless error inquiry on habeas review, “[t]he burden of persuasion is on the government”
  • noting that AEDPA “significantly curtailed the power of federal courts to grant the habeas petitions of state prisoners” (italics omitted)
  • holding “temporary .. . deprivation of a second attorney of choice is [not] a structural error”

Source: CourtListener parenthetical corpus (CC0).

Judges: McLaughlin, Sotomayor, Bertelsman

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.