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HUGHES v. SHEAHAN

9:15-CV-0896.

312 F.Supp.3d 306 (2018)

Patrick HUGHES, Petitioner, v. Michael SHEAHAN, Superintendent; Five Points Correctional Facility, Respondent.

United States District Court, N.D. New York.

Filed May 2, 2018.

Attorney(s) appearing for the Case

O'CONNELL & ARONOWITZ, OF COUNSEL: SCOTT W. ISEMAN, ESQ. , 54 State Street, 9th Floor, Albany, New York 12207-2501, Attorneys for Petitioner.

HON. ERIC T. SCHNEIDERMAN , Attorney General of the State of New York, OF COUNSEL: PRISCILLA I. STEWARD, ESQ. , Ass't Attorney General, 28 Liberty Street, New York, New York 10005, Attorneys for Respondent.

MEMORANDUM-DECISION and ORDER

TABLE OF CONTENTS

I. INTRODUCTION ... 316

II. RELEVANT BACKGROUND ... 316

III. LEGAL STANDARDS ... 317

A. AEDPA Standard of Review ... 317

B. Exhaustion and Procedural Default ... 318

C. Ineffective Assistance of Counsel ... 319

IV. DISCUSSION ... 320

A. Ineffective Assistance of Trial Counsel ... 320

1. Failure to...

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