Over the past week, the Second Circuit issued a couple of straightforward summary orders in Robles v. Dennison and Marrant v. Cuomo. I am just going to give the details (although I found the Robles decision interesting as it concerns federal review of parole decisions, which doesn't come up a lot).
Robles v. Dennison, 10-4480-pr
- Affirming Denial of Habeas
- Argued: 11/9/11; Decided: 11/23/11; summary order
- Panel: Pooler, Parker, Lohier
- Lower ct. Info: 05-CV-428, 2010 WL 4026814 (WDNY Oct. 13, 2010) (VEB)
- In Circuit: Dist. Ct. COA
- Issues: (1) whether Corr Law s. 213 applies to petitioner's case; (2) did 213 create a liberty interest in parole; (3) whether inmates have a due process right not to be denied parole for arbi
- trary or impermissible reasons, and to be protected from flagrant and unauthorized action by the Parole Board; and if so, (4) was petitioner denied parole for arbitrary or impermissible reasons; and (5) is the available process in New York for reviewing parole denials ineffective to protect the rights of the habeas applicant and therefore futile for purposes of exhaustion
Marrant v. Cuomo, 10-2347-pr
- Affirming Denial of Habeas
- Argued: 9/20/11; Decided: 11/21/11; summary order
- Panel: Pooler, Parker, Chin
- Lower Ct. Info: 09-CV-4964, 2010 WL 1962914 (SDNY May 17, 2010) (LTS) (MHD)
- In Circuit: Circuit Ct. COA
- Issues: whether, as a result of the short time that counsel was given to prepare for trial, petitioner was deprived of his rights to a fair trial, to present a defense, and to the assistance of counsel
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