I have added a couple new cases to the Pending Second Circuit Cases page.
First, in lieu of doing a separate post covering the Second Circuit orders for the past two months (November and December 2011), I'll just mention here that there were zero COA's in November and only one in December. The numbers continue to dwindle.
Here's the COA from December:
Munson v. Rock, 11-2943-pr (L); 11-3516-pr (Con)
- Status: Counsel Assigned, Form D filed
- Lower Ct Info: 09-CV-6655, 2011 WL 2516499 (WDNY June 23, 2011) (MAT)
- In Circuit: Circuit Ct. COA
- Issues: Whether petitioner is entitled to a writ of habeas corpus based on his claim that he received ineffective assistance of counsel when counsel advised him that he faced consecutive sentences of up to 50 years in prison
After reviewing the upcoming calendars, I noticed a case that does not appear on the Pending Cases page. Not sure how I missed the order as it was issued back in February 2011. In any event, here it is:
Green v. Walsh, 10-3353-pr
- Status: Calendared for 2/2/12
- Lower Ct. Info: 03-CV-3606, 2010 WL 3037000 (EDNY Aug. 3, 2010) (RJD)
- In Circuit: Circuit Ct. COA
- Issues: whether the district court properly dismissed Green’s challenges as “beyond the scope of Rule 60(b)” when (1) Appellant’s sentence, subsequent to the district court’s denial of his petition filed pursuant to 28 U.S.C. § 2254, but prior to the filing of his Rule 60(b) motion, had been vacated and reimposed by the New York state courts, and (2) Appellant’s Rule 60(b) motion attacked the district court’s previous resolution of his claims on the merits
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