First, I'd like to note that there were two COA grants from the Second Circuit in July. Unfortunately, I have them saved on a different computer, so I can't write about them right now.
But I learned today from a reader about a COA grant from the Second Circuit in August. So look at this as a preview of the future August 2011 Second Circuit Orders post.
The COA grant was in a case already pending before the Second Circuit as a result of a habeas grant and a COA grant from the district court. So this is actually an order granting a request to expand the COA. Safe to say, there is a lot going on in the case.
The case is Jackson v. Conway, 11-922-pr (L). I have previously written about the case here. If you look at the case on the Pending Second Circuit Cases page, you will see that the list of issues is now quite long. I actually was missing one issue from the district court COA. That's now been added.
Here are the new issues that have been added as a result of the Second Circuit's COA grant:
whether defense counsel had been ineffective due to (1) his incorrect assumption that the prosecution had to prove that penetration occurred in order to sustain a first-degree sodomy conviction, and (2) his failure to investigate or introduce a “plethora of exculpatory evidence” at trial
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