During the week of July 25, 2011, there were two COA's issued in the district courts.* I am only going to mention the details below without analysis. It's more about the D/D associated with one of the cases that I am going to refrain from any analysis here. I am just going to list them here and then add them to the Pending Second Circuit Cases page.
*Of course, other COA's may have been issued that week (or in prior weeks/months) in unpublished orders. As I have complained about before, those represent a gap in my knowledge about what's pending before the Second Circuit.
Pagan v. Brown, 07-CV-0453, 2011 WL 3235769 (EDNY July 28, 2011) (JS) (WDW)
- Habeas Denied; COA Granted
- Issues: whether the trial court impermissibly allowed a police officer to testify about petitioner's silence in response to police questioning (known as a Doyle violation)
- Notes: Adopting R&R (available at 2011 WL 3235840)
Mason v. Duncan, 02-CV-5729, 2011 WL 3251535 (SDNY July 27, 2011) (KMW)
- COA Granted
- Issues: whether petitioner's sentence as a persistent felony offender is unconstitutional
- Notes: D/D - I represent petitioner in this case
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