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· 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 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.