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BELL v. MILLER

Docket No. 05-5235-pr.

500 F.3d 149 (2007)

Derrick BELL, Petitioner-Appellant, v. David L. MILLER, Superintendent of Eastern Correctional Facility, Andrew Cuomo, Attorney General of New York, and Raymond Cunningham, Superintendent of Woodbourne Correctional Facility, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 31, 2007.

Attorney(s) appearing for the Case

Anne S. Raish (Mark Pomerantz, of counsel, Stephen H. Yuhan, on the brief) Paul, Weiss, Rifkind, Wharton & Garrison, LLP, New York, NY, for Petitioner-Appellant.

Lara M. Shalov, Stillman, Friedman, & Shechtman, P.C., New York, NY, for Petitioner-Appellant.

Steven Banks, Lawrence T. Hausman, The Legal Aid Society, New York, NY, for Petitioner-Appellant.

Howard B. Goodman, Assistant District Attorney (Ann Bordley and Leonard Joblove, of counsel, Charles J. Hynes, District Attorney, Kings County, on the brief), Office of the Kings County District Attorney, Brooklyn, NY.

Before: JACOBS, Chief Judge, KATZMANN, and HALL, Circuit Judges.

DENNIS JACOBS, Chief Judge:

Petitioner-appellant Derrick Bell, who was convicted of robbery and assault in New York State Supreme Court, Kings County, is seeking a writ of habeas corpus on the ground that his lawyer was constitutionally deficient for having failed to consult a medical expert regarding the reliability of the complaining witness's identification—the only evidence tying Bell to the crime. The witness was shot in the thigh, lost half his blood...

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