SWAIL v. Hunt

How courts have described this case

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

• “[I]t was not unreasonable for trial counsel to fail to raise a partial affirmative defense that had no realistic likelihood of success.”
• “[D]efendant cannot demonstrate that he was prejudiced by trial counsel's failure to preserve the insufficiency claim …, because the Appellate Division considered the merits of the insufficiency claim, notwithstanding the lack of preservation.”
• “Ineffective assistance of counsel can constitute ‘cause’ but only if it amounts to truly deficient representation as measured by [f]ederal constitutional standards, and if the claim of ineffective assistance has been separately exhausted in the state courts.”
• “A state procedural bar qualifies as an independent and adequate state law ground if the last state court rendering a judgment in the case clearly and expressly states that its judgment rested on a state bar.” (internal quotation marks, citations, and altercations omitted)

Source: CourtListener parenthetical corpus (CC0).