Habeas Corpus - Weekly Review 4/27-5/01/09

What is the weekly review?  Answer here.

1. Prince v. Ercole, 08-CV-5197, 2009 WL 1172851 (EDNY May 1, 2009) (JG)

• Habeas denied.
• Claims: prosecutorial misconduct, improper jury charge, ineffective assistance of appellate counsel
• Notes: Oral argument held on pro se petition; maybe it's this judge's practice to do this in all his habeas cases, don't know; overall, it's unusual for oral argument on a habeas case

2. Reyes v. Cunningham, 07 Civ. 1044, 2009 WL 1146432 (SDNY April 28, 2009) (PKC) (THK)

• Habeas denied
• Order adopting report and recommendation of magistrate judge
• Claims: Ineffective assistance of trial counsel, prosecutorial misconduct
• Notes: Good discussion of what exactly is an independent and adequate state law ground to bar habeas relief

3. Miloro v. Artus, 06-CV-5671, 2009 WL 1146448 (EDNY April 28, 2009) (NGG)

• Habeas denied
• Claims: Ineffective assistance of trial counsel, improper admission of evidence

4. Colon v. New York, 08 Civ. 170, 2009 WL 1116478 (SDNY April 27, 2009) (DC)

• Habeas denied
• Claims: Inadequate waiver of right to appeal, excessive sentence
• Notes: Did not know that the waiver of right to appeal could be an independent and adequate state law ground to bar habeas relief; I would think that's okay so long as the appeal waiver is okay, but many of them aren't.  I would hope that federal courts analyze them closely.  That type of scrutiny did not really happen in this case.

5. Zebrowski v. Superintendent, 09-CV-461, 2009 WL 1140467 (NDNY April 27, 2009) (NAM)

• Petition transferred to circuit court
• Notes: Court found this to be the second petition challenging a judgment, so it had to be transferred to the circuit court as that court has to give initial authorization for a second petition to proceed

6. Congelosi v. Miller, _ F.Supp.2d _, 2008 WL 1148238 (WDNY April 27, 2009) (CJS) (VEB)

• Habeas denied
• Order adopting report and recommendation of magistrate judge
• Claims: about a dozen, too many to list
• Notes: Magistrate judge did find that petitioner was correct that some errors did occur -- such as a Miranda violation and the improper admission of autopsy photographs -- but that the errors did not harm the petitioner

7. Collins v. Breslin, 07-CV-1918, 2009 WL 1151769 (EDNY April 27, 2009) (JFB)

• Habeas denied
• Notes: Unusual case.  Petition dismissed based on agreement between petitioner and State where State consented to a reduced sentence in a separate proceeding in same case in exchange for the withdrawal of the habeas petition.