No. 20-5618

Adrian D. Riley v. Joseph Noeth, Superintendent, Attica Correctional Facility

Lower Court: Second Circuit
Docketed: 2020-09-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2254 appellate-review cullen-v-pinholster federal-habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel section-2254 sixth-amendment strickland-v-washington
Key Terms:
HabeasCorpus
Latest Conference: 2020-10-30
Question Presented (AI Summary)

Whether the court of appeals failed to follow this Court's federal habeas jurisprudence

Question Presented (OCR Extract)

QUESTION PRESENTED Whether, by erroneously affirming Petitioner’s conviction based on a finding that the district court lacked authority to hold an evidentiary hearing as contemplated by Title 28, Section 2254(e)(2), of the United States Code, the court of appeals failed to follow this Court’s federal habeas jurisprudence as set forth in Cullen v. Pinholster, 563 U.S. 170 (2011), and thus failed to enforce the Sixth Amendment precedent regarding ineffective assistance of counsel as expressed in Strickland v. Washington, 466 U.S. 668 (1984). i

Docket Entries

2020-11-02
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2020-10-08
DISTRIBUTED for Conference of 10/30/2020.
2020-10-01
Waiver of right of respondent Noeth to respond filed.
2020-09-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 8, 2020)

Attorneys

Adrian D. Riley
Jesse SiegelJesse M. Siegel, Esq., Petitioner
Jesse SiegelJesse M. Siegel, Esq., Petitioner
Noeth
Michelle MaerovOffice of the Attorney General, Respondent
Michelle MaerovOffice of the Attorney General, Respondent