One habeas case to be heard this week. It's one that I have discussed around here recently, Garbutt v. Conway. The issue in the case is whether a procedurally defaulted depraved indifference claim can be considered under the miscarriage of justice exception. There are a couple of other current appeals that raise that issue. I am disappointed that the court did not consolidate them.
Here are the details:
Thursday, December 1
Garbutt v. Conway, 10-1039-pr
- Status: To be argued 12/1/11
- Panel: Hall, Lynch, Chin
- Lower Ct. Info: 05-CV-9898, 2009 WL 2474099 (SDNY Aug. 12, 2009) (SHS) (JCF)
- In Circuit: Dist. Ct. COA
- Issue: whether a failure to consider a procedurally barred sufficiency-of-the-evidence claim based on the change in the depraved indifference law represents a fundamental miscarriage of justice
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