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Galeano v. United States

United States District Court, First Circuit

June 6, 2013

Jayson Galeano
v.
United States of America.

ORDER

JOSEPH N. LAPLANTE, District Judge.

The court conducted a telephone conference with counsel today regarding the 6th Amendment ineffective assistance issue.

While the parties do not agree on the constitutional sufficiency of defense counsel's performance, they do agree that the defendant cannot demonstrate the required prejudice under the familiar Strickland standard without showing that the audio and video recordings in question contain exculpatory material.

Habeas counsel has provided the recordings to the defendant, and is in the process of reviewing the recordings herself. On or before July 31, 2013, habeas counsel shall file a memorandum of points and authorities addressing the issue of prejudice under the Strickland standard in light of the content of the recording. The United States Attorney shall have 15 days to respond. Both counsel's filings should also address, citing applicable authority, the ...


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