Two COA grants in February.
(1) Mack v. Conway, 10-3414-pr
- Lower Ct. Info: 05-CV-6519, 2010 WL 2899876 (SDNY July 27, 2010) (LTS) (KNF)
- In Circuit: Circuit Ct. COA
- Issues: (1) whether the admission of Appellant’s first confession violated Miranda; (2) whether the prosecutor’s failure to disclose exculpatory information regarding prior bad acts of a prosecution witness violated Brady; and (3) whether Appellant received IAC based on counsel’s failure to request a jury instruction permitting the jury to disregard appellant’s first confession if they found that it was involuntarily made
(2) Hubrecht v. Artus, 10-3610-pr
- Lower Ct. Info: 05-CV-5861, 2010 WL 3187233 (SDNY Aug. 13, 2010) (RJH) (FM)
- In Circuit: Circuit Ct. COA
- Issues: whether the trial court violated appellant's constitutional rights to a fair trial and to present a defense by failing to: (1) charge a justification defense; (2) permit appellant to introduce evidence to support a justification defense, and (3) permit Appellant to introduce his exculpatory statements that he had shot the victim in self-defense, while allowing the State to introduce testimony that might imply that appellant had made no statements to that effect
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