The second of the Weekly Reviews for today.
Not many cases and nothing of note from this week. That was to be expected as this was a shortened holiday week.
As a result, all cases below the fold . . .
1. Scott v. Conway, 08-CV-0058, 2010 WL 2735056 (WDNY July 09, 2010) (MAT)
- Habeas Denied
- Issues: (1) due process violation based on denial of his 440 motion; (2) IAC; (3) insufficient evidence
- Notes: counseled
2. Rivera v. Berbary, 08-CV-6158, 2010 WL 2736954 (WDNY July 09, 2010) (MAT)
- Habeas Denied
- Issues: insufficient evidence
3. Wright v. Lee, 10-CV-2348, 2010 WL 2730662 (EDNY July 08, 2010) (SLT)
- Habeas Dismissed as Untimely
4. Johnson v. Taylor, 2010 WL 2735770, E.D.N.Y., July 08, 2010 (NO. 08-CV-2442 (SLT)
- Habeas Denied
- Issues: (1) involuntary guilty plea; (2) IAC
5. Rudolph v. Artus, 06-CV-975, 2010 WL 2710554 (NDNY July 07, 2010) (NAM) (ATB)
- Habeas Denied
- Issues: (1) insufficient evidence; (2) illegal sentence; (3) 4th Amend. violation
- Notes: Adopting R&R (available at 2010 WL 2710552)
6. Wesley v. Alexander, 10-CV-245, 2010 WL 2710609 (EDNY July 07, 2010) (JG)
- Habeas Denied
- Issues: (1) prosecutorial misconduct;
(2) improper curtailment of cross-examination; (3) improper evidentiary ruling; (4) denial of constitutional right of access to the courts; (5) improper denial of motion for DNA and fingerprint testing; (7) Brady violation; (8) IAAC
7. Brink v. Artus, 08-CV-6073, 2010 WL 2710969 (WDNY July 06, 2010) (MAT)
- Habeas Denied
- Issues: (1) deprivation of right to compulsory process; (2) state law errors; (3) prosecutorial misconduct; (4) IAC; (5) IAAC; (6) 4th Amend. violation
8. Clarke v. Yellech, 09-CV-8218, 2010 WL 2772343 (SDNY July 09, 2010) (WHP) (GWG)
- R&R Recommending Habeas Be Denied
- Issues: IAC
9. Jones v. Barkley, 09-CV-1961, 2010 U.S. Dist. LEXIS 73632 (SDNY July 8, 2010) (NRB)
- Habeas Denied
- Issues: (1) right to be present violation; (2) improper delay in execution of sentence; (3) deprivation of right to appeal; (4) unlawful imposition of sentence
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