Reversal of Grant of Habeas Petition in Assault Prosecution - U.S. Second Circuit
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Reversal of Grant of Habeas Petition in Assault Prosecution

In Gueits v. Kirkpatrick, No. 09-2335, an assault prosecution, the court of appeals reversed the grant of petitioner's habeas petition, holding that petitioner failed to demonstrate that the New York Supreme Court, Appellate Division, was unreasonable in its application of the ineffective assistance of counsel standard set forth in Strickland v. Washington, 466 U.S. 668 (1984).

As the court wrote:  "Respondent Robert Kirkpatrick, Superintendent of New York State's Wende Correctional Facility, appeals from the judgment of the United States District Court for the Eastern District of New York (Brian M. Cogan, Judge) granting Johnny Gueits's petition for a writ of habeas corpus. Exercising de novo review, we hold that Gueits has failed to demonstrate that the New York Supreme Court, Appellate Division, was unreasonable in its application of the ineffective assistance of counsel standard set forth in Strickland v. Washington, 466 U.S. 668, 687 (1984). Accordingly, we REVERSE the district court's judgment and REMAND with instructions to dismiss the petition."

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