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Massaro v. U.S. February 25, 2003 (01-1559) return to case listing Case Summary Petitioner was convicted of murder. During the trial, Petitioner's attorney was notified of new physical evidence linked to the murder scene. Petitioner's motion to exclude the evidence was rejected and Petitioner's attorney declined extra time to investigate the physical evidence and change his defense strategy. Petitioner was found guilty and sentenced to life in prison. On direct appeal, he argued that the new evidence should not have been admitted. The Second Circuit affirmed Petitioner's conviction. Two years later, Petitioner sought a writ of habeas corpus on the grounds that his attorney's refusal of a continuance to investigate the physical evidence amounted to ineffective assistance of counsel. The district court denied the writ. On appeal, the Second Circuit Court of Appeals affirmed, holding that Petitioner's failure to raise the issue of ineffective assistance of counsel on direct appeal, when represented by new appellate counsel, barred the claim under the procedural default rule. The opinion of the Second Circuit is unpublished. To see the opinion of the lower court, click here. PREDICTED OUTCOME ACTUAL OUTCOME Forecasting Model Expert One Expert Two Expert Three 5-4 to Reverse 6-3 to Affirm 7-2 to Reverse 9-0 to Reverse 9-0 to Reverse VOTING TO REVERSE Stevens Scalia Souter Ginsburg Breyer Stevens Souter Ginsburg Stevens O'Connor Kennedy Souter Thomas Ginsburg Breyer Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer VOTING TO AFFIRM Rehnquist O'Connor Kennedy Thomas Rehnquist O'Connor Scalia Kennedy Thomas Breyer Rehnquist Scalia   return to case listing