A couple months back, in a case called Wells v. Perez, an MJ recommended that habeas corpus be granted in a depraved indifference case. In that previous post, I went through some of the facts, but I focused mostly on the MJ's analysis on how petitioner was able to overcome the procedural default.
Unfortunately, the DJ did not agree with the MJ's analysis on the procedural default point or even the MJ's analysis on the merits. So the DJ rejected the recommendation and denied the petition.
Here are the details:
- Habeas Denied
- 10 Civ. 1107, 2011 WL 1453925 (SDNY April 14, 2011) (DLC) (JCF)
- Issues: whether the evidence was legally insufficient to established depraved indifference murder
- Notes: counseled; rejecting R&R recommending grant of habeas
ANALYSIS: I am not going to spend any time on the procedural default issue or the merits.
Rather, I am going to talk about an issue that keeps popping up that really gets under my skin. After rejecting the recommendation and denying the petition, the court denied a COA and further concluded that any appeal would not be taken in good faith.
I have covered this ground before, but both of these conclusions are just totally inappropriate. In the first instance, as I have recently complained about, the situation here meets the very definition of when a COA should be granted. Unless, of course, the DJ does not believe that the MJ is a reasonable jurist. Otherwise, two federal judges disagree on how the case should be resolved -- exactly when a COA is appropriate. Why do I have to keep saying this?
If that wasn't bad enough, the lack of good faith part is completely unjustified. In finding that any appeal would not be brought in good faith, the judge was concluding that the case was essentially frivolous. How in any way is that logical? An MJ recommended that petitioner should win this case. It is far from frivolous. I wish judges would stop mis-certifying habeas cases.
Hopefully, the Second Circuit will grant a COA. It clearly is appropriate here.
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