Summary order today affirming a district court's grant of habeas:
Espinal v. Bennett, 09-0398-pr, August 18, 2009, Calabresi, Parker, Raggi. Available here.
Espinal v. Bennett, 09-0398-pr, August 18, 2009, Calabresi, Parker, Raggi. Available here.
- Affirming Grant of Habeas
- Issues: Ineffective Assistance of Counsel based on counsel's failure to investigate a police report which corroborated petitioner's claim that he was not at the scene of the crime. Error prejudiced petitioner since it prevented counsel from discovering a potential alibi witness, whose testimony would have probably changed the outcome of the trial.
- Notes: Second Circuit affirms for substantially the reasons stated in the district court opinion, which is available at: Espinal v. Bennett, 588 F.Supp.2d 388 (EDNY 2008).
- Other notes: Counsel on the case for petitioner was William E. Hellerstein at Brooklyn Law School (Disclosure: I am an adjunct there, but I have no connection to the case), as well as Marjorie Smith on the brief and Ruth Liebesman, of counsel.
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