Garner v. Lee, No. 17-78 (2d Cir. 2018)Annotate this Case
The Second Circuit vacated the district court's grant of a petition for a writ of habeas corpus based on ineffective assistance of counsel. The court held that, given the strong evidence of petitioner's guilty, he failed to show that his defense was constitutionally prejudiced by trial counsel's conduct. In this case, there was no basis for concluding that petitioner established a substantial likelihood of a different result, even if his attorney had obtained the phone records at issue prior to trial. Accordingly, the court remanded for further proceedings.