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COLLINS v. ERCOLE

No. 10-2331-pr.

667 F.3d 247 (2012)

Arvin COLLINS, Petitioner-Appellant, v. Robert ERCOLE, Superintendent, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: January 26, 2012.

Attorney(s) appearing for the Case

Malvina Nathanson , Law Offices of Malvina Nathanson, New York, NY, for Petitioner-Appellant.

Christopher J. Blira-Koessler ( Joseph N. Ferdenzi , on the brief), Assistant District Attorney, for Robert T. Johnson , District Attorney, Bronx County, Bronx, NY, for Respondent-Appellee.

Before: LIVINGSTON, LOHIER, and CARNEY, Circuit Judges.

LIVINGSTON, Circuit Judge:

In 2001, Petitioner-Appellant Arvin Collins ("Petitioner") was convicted of murder and attempted murder in New York state court. In 2005, Petitioner's 2001 judgment of conviction became final, following the conclusion of direct review. Between 2005 and 2008, Petitioner brought several post-conviction motions in state court. In 2008, Petitioner filed a federal petition for a writ of habeas corpus regarding the 2001 judgment of conviction...

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