Two COA grants last month.
Santone v. Fischer, 10-5010-pr
- Lower Ct. Info: 04-CV-947, 2010 WL 4703396 (NDNY Nov. 10, 2010) (NAM) (DRH)
- Issues: (1) whether the trial evidence was sufficient to establish that the victim suffered “serious physical injury”; (2) whether trial counsel was ineffective for failing to investigate the facts surrounding petitioner’s alleged threats made to a State witness; and (3) whether the district court should have held an evidentiary hearing
Quick Note: Based on Pinholster, I am not quite sure where the court is going with issue (3).
Freeman v. Kadien, 11-353-pr
- Lower Ct. Info: 08-CV-6468, 2010 WL 4642925 (WDNY Nov. 17, 2010) (MAT)
- Issues: due process violation based on prejudicial spillover from blood sample evidence introduced in support of his later-invalidated count of conviction for driving while intoxicated