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NOBLE v. KELLY

No. 00-2154.

246 F.3d 93 (2001)

Casim NOBLE, Petitioner-Appellee, v. Walter R. KELLY, Superintendent, Respondent-Appellant.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: April 5, 2001.

Attorney(s) appearing for the Case

Philip L. Weinstein, The Legal Aid Society, Federal Defender Division, Appeals Bureau, New York, NY, for Petitioner-Appellee.

Bonnie M. Mitzner, Assistant District Attorney, Sullivan County, N.Y. (Stephen F. Lungen, District Attorney, and Karen Mannino, Assistant District Attorney, on the brief), for Respondent-Appellant.

Before: CARDAMONE, JACOBS, and SACK, Circuit Judges.

PER CURIAM:

Casim Noble's petition for a writ of habeas corpus challenges his conviction for attempted murder and related offenses on the ground that his Sixth Amendment Compulsory Process rights were violated when the state trial court ruled that alibi testimony would be excluded because defense counsel failed to comply with a state procedural rule requiring advance notice of intent to call alibi witnesses. Alternatively, Noble argues that his counsel's non-compliance...

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