Have been taking some time off from the blog to attend to personal matters (all good stuff). Things will probably remain slow around here for another week or so.
But I had a brief moment, so I wanted to post a couple of things.
I was unable to do a Second Circuit Preview over the weekend, but there is a habeas case that is going to be argued today. Here are the details:
Rodriguez v. Ercole, 10-2412-pr
- Argument Date: 4/13/11
- Panel: Leval, Katzmann, Hall
- Lower Ct. Info: 07-CV-415, 2010 WL 2303199 (SDNY June 7, 2010) (SAS) (MHD)
- In Circuit: District Court COA
- Issues: (1) fair trial violation based on improper justification charge; (2) IAC based on counsel's failure to object to the charge and request the correct charge
- D/D: An attorney in my office represents petitioner
The Second Circuit also issued a summary order today in Torres v. Ercole. It's about the shortest summary order I have seen. That case was argued over two months ago, so I am surprised that it would result in such a summary summary order. Here are the details:
Torres v. Ercole, 09-5224-pr [updated 2/15/11]
- Affirming Denial of Habeas (order)
- Argued: 2/9/1; Decided: 4/13/11
- Panel: Winter, Pooler, Hall
- Lower Ct. Info: 06-CV-674, 2009 WL 4067281 (SDNY Nov. 24, 2009) (RMB) (KNF)
- In Circuit: Circuit Ct. COA
- Issues: IAC based on counsel's failure to obtain suppression of statement
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