The Second Circuit's August 2011 Term kicked off today! And I completely forgot to put up a preview.
Fortunately, the first habeas case is not going to be heard until Tuesday. So I can still sneak this preview in ahead of time.
Two habeas cases to be heard this week:
Tuesday, August 23
Cornell v. Kirkpatrick, 10-561-pr
- Status: Calendared for 8/23/11, B panel
- Panel: Newman, Cabranes, Straub
- Lower Ct. Info: 06-CV-0734, 2010 WL 161429 (WDNY Jan. 13, 2010) (MAT)
- In Circuit: Circuit Court COA
- Issue: (1) whether appellant was prejudiced by counsel's failure to object to venue in Ontario County; (2) whether counsel was ineffective for failing to request that a venue charge be delivered to the jury
Friday, August 26
Harris v. Fischer, 10-795-pr
- Status: Calendared for 8/26/11 B Panel
- Panel: Chin, Lohier, Korman, DJ
- Lower Ct. Info: 05-CV-0160, 2010 WL 681061 (WDNY Feb. 19, 2010) (MAT)
- In Circuit: Circuit Court COA
- Issue: (1) whether the district court erred in finding Appellant’s claim that he had established the affirmative defense to felony murder, pursuant to New York Penal Law § 125.25(3), procedurally barred; and (2) whether Appellant’s claim raises a federal constitutional issue for purposes of relief under 28 U.S.C. § 2254
Comments