Just finished a global update to the Pending Second Circuit Cases page.
The most notable update is that, after a review of the upcoming calendars, a case has been added. It's called Carncross v. Lempke,11-435-pr. It's one of those unpublished district court COA's. But it's even more frustrating than the typical one that gets missed. This was a 30-page opinion denying habeas in which the DJ granted a COA. Further, this was a relatively infamous case as it got some media attention (petitioner was convicted of aggravated manslaughter after he led the police on a high speed car crash during which an officer crashed into a tree and died) and was reviewed by the New York State Court of Appeals (People v. Carncross). It makes no sense to me that this would go unpublished.
Here are the details:
Carncross v. Lempke, 11-435-pr
- Status: To be argued 11/17/11, A panel
- Lower Ct. Info: 10-CV-522 (NDNY Jan. 20, 2011) (LEK) (unpublished order)
- In Circuit: Dist. Ct. COA
- Issues: whether the trial court wrongfully deprived petition of his right to utilize counsel of his choice in the related criminal action
