[DOWNLOAD] "Lewandowski V. Makel" by United States Court Of Appeals For The Sixth Circuit " eBook PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: Lewandowski V. Makel
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 22, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

Michael Lewandowski filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging the validity of his state court conviction. In this petition, which is not his first, Lewandowski claims that he was denied effective assistance of counsel as guaranteed by the Sixth Amendment. Pursuant to 28 U.S.C. § 636(b)(1)(B), the federal district court assigned this matter to a United States Magistrate to conduct an evidentiary hearing and to submit a report. In his report, the magistrate recommended that Lewandowski's petition for writ of habeas corpus be granted. Thereafter, the district court conducted a de novo review, including another evidentiary hearing, of those portions of the magistrate's report to which the State of Michigan objected. Following this review, the district court concluded that Lewandowski's petition should be granted, although for different reasons than those of the magistrate. On December 21, 1990, the district court ordered Lewandowski released from incarceration. The State of Michigan challenges the district court's decision, claiming that the court erred in its application of the two-prong test announced in Strickland v. Washington, 466 U.S. 668, 80 L. Ed. 2d 674, 104 S. Ct. 2052 (1984) and that there was an abuse of the writ of habeas corpus. We find otherwise and therefore affirm.

Download Ebook "Lewandowski V. Makel" PDF ePub Kindle