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Denial of Habeas Petition in Murder Prosecution Affirmed

By FindLaw Staff on May 25, 2010 11:50 AM

Also Ruling in Habeas Petition from Conviction for Assaulting Federal Official

In US v. Arenburg, No. 08-5090, the Second Circuit affirmed defendant's conviction for assaulting a federal official, holding that the district court erred by failing to revisit the issue of defendant's competence to stand trial based on defendant's behavior in the courtroom.

In Bierenbaum v. Graham, No. 08-1375, the court of appeals affirmed the denial of petitioner's habeas petition in a murder prosecution, holding that 1) it was not unreasonable for the Appellate Division to conclude that the reliability of the victim's statements was "amply supported" for hearsay purposes; and 2) there was no reasonable probability that the outcome of the trial would have been different absent defense counsel's alleged errors.

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