In one of the district court reviews from yesterday (there were two of them), I mentioned the habeas grant in Johnson based on insufficient evidence to establish depraved indifference. What I found important about Johnson was the DJ's analysis on the miscarriage of justice issue.
Today, I learned from a reader that another COA has been granted on this very issue. The case is called Sanchez v. Lee. It is such a recent COA that it has not made its way onto Westlaw yet. I'll update the information when it becomes available.
So now we have three cases before the Second Circuit (Garbutt, Johnson, and Sanchez) with the miscarriage of justice issue. That's going to be a big decision.
For now, here's the details:
Sanchez v. Lee, 10 Civ. 7719 (SDNY Aug. 8, 2011) (PKC) (AJP)
- Habeas Denied; COA granted
- Issues: whether whether petitioner had shown a miscarriage of justice in order to overcome a procedural default
- Notes: Adopting R&R (avaiable at 2011 WL 924859)