I have reinstated a case to the Pending Second Circuit Cases page. I originally removed it after petitioner did not file a timely notice of appeal. Apparently, that issue was resolved and the appeal went forward. But then the Second Circuit dismissed the appeal based on petitioner's failure to file a COA. Of course, the problem with that is that DJ granted a COA. Now, petitioner apparently has cured this error (to the satisfaction of the Second Circuit). As a result, the appeal has been reinstated. And it has been put back on the Pending Second Circuit Cases page.
- Lower Ct. Info: 04-CV-2252, 2010 WL 2891185 (SDNY July 12, 2010) (LAP) (RLE)
- Status: No Notice of Appeal filed
- In Circuit: District Court COA
- Issues: IAAC based on counsel's failure to raise a Batson claim