DiGuglielmo v. New York, 565 U.S. 1014 (2011). · Go Syfert
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DiGuglielmo v. New York, 565 U.S. 1014 (2011). Cases Citing This Book View Copy Cite
22 citation events (22 in the last 25 years) across 5 distinct courts.
Strongest positive: People v. Hamilton (nyappdiv, 2014-01-15)
Treatment trajectory · 2012 → 2026 · click a year to view as-of
2012 2019 2026
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited "see" People v. Hamilton
N.Y. App. Div. · 2014 · signal: see · confidence high
CPL 440.10 provides that a court “must deny” a motion to vacate a judgment of conviction when the ground or issue raised “was previously determined on the merits upon an appeal from the judgment” or there were sufficient facts on the record which would have permitted appellate review of the issue on direct appeal but no review occurred owing to the defendant’s unjustifiable failure to perfect a direct appeal or raise the issue on direct appeal (CPL 440.10 [2] [a], [c]; see People v DiGuglielmo, 75 AD3d 206, 211 [2010], affd 17 NY3d 771 [2011], cert denied 565 US —, 132 S Ct 558 [20…
discussed Cited "see" People v. Hamilton
N.Y. App. Div. · 2014 · signal: see · confidence high
CPL 440.10 provides that a court “must deny” a motion to vacate a judgment of conviction when the ground or issue raised “was previously determined on the merits upon an appeal from the judgment” or there were sufficient facts on the record which would have permitted appellate review of the issue on direct appeal but no review occurred owing to the defendant’s unjustifiable failure to perfect a direct appeal or raise the issue on direct appeal (CPL 440.10 [2] [a], [c]; see People v DiGuglielmo, 75 AD3d 206, 211 [2010], affd 17 NY3d 771 [2011], cert denied 565 US —, 132 S Ct 558 [20…
examined Cited "see" Detrich v. Ryan (3×)
9th Cir. · 2013 · signal: see · confidence high
See Miles v. Ryan, 713 F.3d 477 , 494–95 (9th Cir. 2013) (applying Martinez, which was decided during the appeal, to a capital habeas petitioner’s claims).4 Here, the issue—whether Petitioner’s claims are procedurally defaulted—is a legal one, see Cooper v. Neven, 641 F.3d 322, 326 (9th Cir.) (noting de novo review of procedural default determination), cert. denied, 132 S. Ct. 558 (2011), albeit one that requires our reconsideration after Martinez.
cited Cited "see" Jarvell Smart v. A. Hedgpeth
9th Cir. · 2012 · signal: see · confidence high
See id.
Retrieving the full opinion text from the archive…
Richard D. DiGuglielmo
v.
New York
No. 11-369.
Supreme Court of the United States.
Nov 7, 2011.
565 U.S. 1014
Published

Petition for writ of certiorari to the Court of Appeals of New York denied.

Same case below, 17 N.Y.3d 771, 929 N.Y.S.2d 74, 952 N.E.2d 1068.