Habeas Corpus - Updates to Second Circuit Page

Many, many updates to the Pending Second Circuit Cases page.  Asterisks next to title indicate that there has been an update.  And all designations of "Appellant" in the status line are to petitioner/appellant unless it says "Appellant/Resp.," which means that there was a habeas grant and Respondent is the appellant.  The same applies to designations of "Appellee," it means Respondent/appellee unless otherwise indicated.

Three cases have been removed from the page.  Explanations below:

Brown v. Conway, 10-1877-pr

• Lower Ct. Info: 06-CV-2574, 2010 WL 1221837 (SDNY Mar. 29, 2010) (KMW)
• Status: Appeal dismissed based on failure to file a COA motion
• In Circuit: District Court COA
• Issues: Batson violation

REASON: This is a tad unfair.  The Second Circuit dismissed the appeal based on petitioner's failure to move for a COA.  However, THE DISTRICT COURT GRANTED A COA.  The problem is that, according to the district court docket sheet, the lower court indicated to the Second Circuit that no COA had been granted.  I guess the Second Circuit doesn't do an independent evaluation of the information provided by the district court.  I guess it's a reality that clerk's offices can make these mistakes sometimes.  Hopefully, for the sake of petitioner, this gets righted.

Usher v. Ercole

• Lower Ct. Info: 06-CV-1126, 2010 WL 1813779, (EDNY May 4, 2010) (NGG)
• Status: Judgment Entered 6/28/10; No Notice of Appeal filed
• In Circuit: Habeas Grant
• Issue: IAC

REASON: The State did not file a notice of appeal from the habeas grant.  I guess they just decided that it wasn't worth fighting.

Blalock v. Fisher

• 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

REASON: Petitioner did not file a notice of appeal.  Notice was sent to him of his right to appeal, but it does not appear that petitioner took any steps to appeal the decision.  Comparing the Department of Corrections website to the docket sheet, it appears that petitioner's address was listed correctly.  Doesn't mean that he actually received the notice, but it does seem as if the district court's sent the notice to the right place.