Habeas Corpus - Back in Business

Just wanted to put up a post saying that the blog is still running and that new posts will be coming soon.  I guess it's been almost a month since my last post.  I was simply overwhelmed with work stuff during that time.  But I was still able to follow habeas developments in the Supreme Court and in the Second Circuit. 

Actually, a lot has happened in habeasland during the past month.  Some good (a habeas grant from the Second Circuit), but mostly depressing (such as an unusual, and mostly unexplained, reversal from the Second Circuit of one of its own previous habeas grants).

I'll try and put up a post about most of what I saw.  The posts will begin later this week, I hope.

For now, I just want to point out that the following three cases were argued before the Second Circuit while the blog was silent.  They were the final three habeas cases to be heard during 2011:

Rivas v. Fischer, 10-1300-pr 

• Argued 12/8/11
• Panel:Cabranes, Pooler, Sack
• Lower Ct. Info: 01-CV-1891, 2010 U.S. Dist. LEXIS 29689 (NDNY Mar. 26, 2010) (GLS) (DEP)
• In Circuit: District Court COA
• Issues: (1) when petitioner discovered the new evidence that serves as the factual predicate for some of his claims, and (2) whether it could have been discovered earlier through the exercise of due diligence 

Saracina v. Artus, 10-3898-pr

• Argued 12/15/11, A Panel
• Panel: Calabresi, Katzmann, Parker
  
• Lower Ct. Info: 04-CV-521, 2010 WL 3529339 (WDNY Sept. 08, 2010) (MAT) (JWF)
• In Circuit: Dist. Ct. COA
• Issues: whether petitioner's claim that he was improperly adjudged a PFO based on a non-qualifying, out-of-state conviction is cognizable on habeas review.

King v. Greiner, 10-480-pr 

• Status: Calendared for 12/14/11, A panel
• Panel: Sack, Katzmann, Parker
• Lower Ct. Info: 02 Civ. 5810, 2009 WL 2001439 (SDNY July 8, 2009) (DLC) (AJP)
• In Circuit: Dist. Ct. COA
• Issues: IAC based on counsel's failure to object to prosecutor's summation comments

To note, the court has already decided Saracina.  I'll talk about that in a separate post.

Comments

[Scott]

I am glad you are back. I had been wondering where you were.

[Jonathan Edelstein]

Do you have any clue as to what the hell happened in Rivera?