RODRIGUEZ v. MILLER

Docket No. 04-6665-pr.

499 F.3d 136 (2007)

Jose RODRIGUEZ, Petitioner-Appellant, v. David MILLER, Superintendent, Eastern Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Last Submission: May 9, 2007.

Decided: August 29, 2007.


Attorney(s) appearing for the Case

Katheryne M. Martone, Legal Aid Society, Criminal Appeals Bureau, New York, N.Y. (Mitchell J. Briskey, on the brief), for Petitioner-Appellant.

Victor Barall, Assistant District Attorney, for Charles J. Hynes, District Attorney, Kings County, Brooklyn, N.Y. (Leonard Joblove, on the brief), for Respondent-Appellee.

Before: CARDAMONE, McLAUGHLIN, and B.D. PARKER, Circuit Judges.


McLAUGHLIN, Circuit Judge:

The Supreme Court has vacated our decision in this habeas proceeding with the instruction to reconsider it in light of Carey v. Musladin, ___ U.S. ___, 127 S.Ct. 649, 166 L.Ed.2d 482 (2006).

Relying on our own well-settled precedent and what we conceived to be the teachings of the high court, we had held that the New York State Courts had unreasonably applied "clearly established" Sixth Amendment law in excluding Jose Rodriguez...

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