Victor Zarvela v. Christopher Artuz, Superintendent of Greenhaven Correctional Facility

How courts have described this case

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

• concluding that state 13 court had reviewed the claim on the merits where it found 14 “petitioner’s claim to be unpreserved, and, in any event, 15 without merit,” constituted an adjudication on the merits
• holding a claim that is unpreserved and then subsequently evaluated on its merits is entitled to AEDPA deference
• finding petitioner’s claim that jury instructions violated his right to a fair trial was procedurally defaulted for lack of contemporaneous objection
• granting AEDPA deference to state court’s alternative holding on the merits
• “Moreover, [Smith] has failed to establish sworn allegations supporting [his] claim of ineffective assistance of counsel.” (emphases added)
• “Moreover, [Smith] has failed to establish sworn 14 allegations supporting [his] claim of ineffective assistance of counsel.” 15 (emphases added)

Source: CourtListener parenthetical corpus (CC0).