Fulton v. Graham, No. 14-1861 (2d Cir. 2015)
Annotate this CasePetitioner, convicted of burglary charges, appealed the district court's judgment adopting the Report and Recommendation of a magistrate judge denying his habeas corpus petition under 28 U.S.C. 2254. The court agreed with petitioner that the district court erred in deferring to the state court’s determination that he failed to preserve his ineffective assistance of counsel claim by not raising it on direct appeal in his state court proceedings. The court also concluded that, upon further development of the factual record, petitioner may be able to demonstrate constitutionally unreasonable performance of his counsel during the plea process. Accordingly, the court vacated and remanded for further proceedings.
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