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FISCHER v. SMITH

Docket No. 13-3022.

780 F.3d 556 (2015)

Brian FISCHER, Superintendent, Respondent-Appellant, v. Patrick SMITH, Petitioner-Appellee.

United States Court of Appeals, Second Circuit.

Decided: March 17, 2015.

Attorney(s) appearing for the Case

Lloyd Epstein , Epstein & Weil LLC, New York, NY, for Petitioner-Appellee.

Orrie A. Levy ( Joseph N. Ferdenzi , on the brief), for Robert T. Johnson , District Attorney, Bronx County, Bronx, NY, for Respondent-Appellant.

Before: CALABRESI, LYNCH, and LOHIER, Circuit Judges.

The principal issue on appeal is whether the State Court decision denying Patrick Smith's application to vacate his conviction on ineffective assistance of counsel grounds is an "adjudication on the merits" to which we must defer under the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"). The United States District...

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