Habeas Corpus - Second Circuit Preview - Week of July 12, 2010

Following up on the heels of the huge en banc last Friday, the Second Circuit has a very busy week coming up for habeas cases.  Four different habeas appeals.

Before I get to the list of cases, one quick note.  The Second Circuit will not be hearing arguments over the next two weeks.  The Second Circuit Preview will return for the week of August 2.

Here's what's coming up this week:

Monday, July 12:

1. Archer v. Fischer, 09-2041-pr

• Argument Date: 7/12/10, B Panel (to be heard with Mannix v. Phillips)
• Panel: Raggi, Wesley, Hall
• Lower Court Info: 05-CV-4990, 2009 1011591 (EDNY April 13, 2009) (JFB)
• In Circuit: Circuit Court COA
• Issue: whether New York's depraved indifference murder statute was unconstitutionally vague as compared to reckless manslaughter at the time appellant's conviction became final

2. Mannix v. Phillips, 07-0664-pr

• Argument Date: 7/12/10, B Panel (to be heard with Archer v. Fischer)
• Panel: Raggi, Wesley, Hall
• Lower Court Info: 04-CV-1335, 390 F.Supp.2d 280 (SDNY 2005) (RCC)
• In Circuit: Circuit Court COA
• Issues: (1) whether appellant properly objected to the magistrate judge`s report and recommendation, where the district court did not docket or refer to his objections, but where appellant has attached a copy of his objections to his certificate of appealability papers, indicating that he submitted them; (2) whether the depraved indifference murder statute was unconstitutionally vague as compared to reckless manslaughter at the time Appellant`s conviction became final; and (3) whether appellant`s conviction was based on legally sufficient evidence

Wednesday, July 14:

3. Baher v. Phillips, 09-2655-pr

• Argument Date 7/14/10, A Panel
• Panel: Leval, Parker, Hall
• Lower Court Info: 05-CV-5950, 2009 WL 1457179 (SDNY May 26, 2009) (LTS) (GWG)
• In Circuit: Circuit Court COA
• Issue: whether appellant was denied his Sixth Amendment right to an impartial jury

Thursday, July 15:

4. McBee v. Burge, 09-3679-pr

• Argument Date: 7/15/10, A Panel
• Panel: Jacobs, Parker, Hall
• Lower Court Info: 05-CV-4752, 2009 WL 2196768 (EDNY July 24, 2009) (DLI) (LB)
• In Circuit: District Court COA
• Issues: Harmless error as to Confrontation Clause violation