Hawthorne v. Spitzer, No. 10-4324 (2d Cir. 2012)Annotate this Case
Petitioner, convicted of criminal possession of a weapon and assault, appealed from the district court's dismissal of his petition for a writ of habeas corpus. At issue was whether petitioner had established prejudice for the procedural default of his claim that his Miranda rights were violated and whether petitioner received ineffective assistance of counsel during the Huntley hearing. The court held that the decision of the Appellate Division was not contrary to, nor did it involve an unreasonable application of, clearly established Federal law, as determined by the Supreme Court, pursuant to the Antiterrorism and Effective Death Penalty Act (AEDPA), 28 U.S.C. 2254(d)(1). Therefore, the court deferred to the determination made by the state court and held that petitioner was not prejudiced by Huntley counsel's alleged ineffectiveness. Further, because petitioner could not show that he was prejudiced by the alleged Miranda violation, the court affirmed the district court's holding that the Miranda claim was procedurally barred.