This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Jack B. Weinstein granted a habeas petition based on ineffective assistance of trial counsel. Judge Nina Gershon imposed sanctions against Arab Bank for improperly persisting in its refusal to produce account information relating to the bank’s alleged facilitation of terrorism. And Judge Arthur D. Spatt granted a motion to disqualify defendants’ attorney because of confidential knowledge he had acquired from his relationship with plaintiff.
Ineffective Assistance
In Graham v. Portuondo, 01 CV 6911 (EDNY, Aug. 12, 2010), Judge Weinstein, granting a habeas petition, held that trial counsel’s failure to develop and present an adequate psychiatric defense seriously prejudiced petitioner and amounted to ineffective assistance of counsel.
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