· 9/22/2004
Vincent Fischetti v. Philip Johnson Gerald J. Pappert.
Citations
- 384 F.3d 140
- 2004 U.S. App. LEXIS 19837
- 2004 WL 2102711
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the state court’s conclusion that defendant had forfeited his right to counsel was neither contrary to nor an unreasonable application of clearly established federal law
- holding that the state court's conclusion that defendant had forfeited his right to counsel was neither contrary to nor an unreasonable application of clearly established federal law
- holding that ineffective assistance argument made to excuse procedural default should be reviewed de novo
- holding that an ineffective assistance claim alleged as cause is subject to AEDPA principles
- holding that the state court’s conclusion that defendant had forfeited his right to counsel was neither contrary to nor an unreasonable application of clearly established federal law
- noting that, as between the right to self-representation and the right to counsel, right to counsel “is the presumptive default position”
Source: CourtListener parenthetical corpus (CC0).
Judges: Roth, Ambro, Chertoff
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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