Federal Defenders of New York Second Circuit Blog

District Court Erred in Considering “Ex Post Data” in Collateral Challenge to Deportation

by

In United States v. Scott, No. 04-937-cr (January 11, 2005), the Court considered several important questions relating to collateral challenges to the deportation underlying an illegal reentry prosecution. Background Kevin Eric Scott had previously appealed the district court’s denial of his motion to dismiss the indictment, and the Court had remanded the case to the … Read more

Court Reverses Habeas Denial Based Upon New Evidence that Gotti Threatened to Kill Co-Defendant’s Counsel If He Abandoned Joint Defense

by

Frank Locascio v. United States of America, Docket No. 03-2485 (2d Cir. Jan. 12, 2005) (Walker, Winter, and Jacobs) (Op. by Winter) Facts: In October 2000, Frank Locacio filed a Section 2255 petition, alleging that he was not afforded the effective assistance of counsel at his 1992 trial with co-defendant John Gotti. The petition was … Read more

Circuit Vacates Grant of Habeas Based on Prosecution’s Use of Incriminating Statement Obtained during Un-Mirandized Pedigree Questioning of Defendant

by

Jose Rosa v. Frank McCray, Docket No. 04-2188 (2d Cir. Jan. 27, 2005) (Miner, Cabranes, and Straub) (Op. by Miner) (Dissent Op. by Straub) Facts: On September 5, 1997, the victim (“V”) was robbed at gunpoint by two men. V subsequently went to the police and described one of the robbers — the one carrying … Read more

Creating Perverse Incentives for Lackluster Advocacy in the New York Court of Appeals? The Second Circuit’s Exhaustion Jurisprudence, Cont’d.

by

(By guest blogger Darrell Fields, Associate Counsel, Appeals Bureau of the Federal Defender Division): In Galdamez v. Keane, No. 03-2595, 2005 WL 15136 (2d Cir. Jan. 4, 2005) (Op. by Sotomayor), the Second Circuit held that a New York prisoner seeking habeas corpus relief (28 U.S.C. § 2254) had exhausted all of the claims he … Read more

Dismissal of § 2254 Petitioner’s First Habeas Petition by Reason of Tardiness Renders Future Petitions “Second or Successive” under § 2244(b)

by

Murray v. Greiner and Arce v. Fischer, Nos. 01-3833, 02-3574 (2d Cir. Jan. 5, 2005) (Leval & Cabranes, and Garaufis, D.J.) (Op. by Leval) : This decision simply extends Villanueva v. United States, 346 F.3d 55 (2d Cir. 2003), holding that dismissal of a § 2255 petition on grounds of untimliness under § 2244(d) (establishing … Read more

Second Circuit Finally Puts an End to Judge Kram’s Practice of Conducting Pleas and Sentencings in Her Robing Room

by

United States v. Carlos Goiry and Luz Marina Munoz, Nos. 02-1010, 03-1061 (2d Cir. Jan. 24, 2005) (No. 02-1010: Walker, Cardamone, and Straub) (No. 03-1061: Winter, Straub, and Lay) (Opinion by Straub). FACTS: In two cases consolidated on appeal, the defendants-appellants both entered guilty pleas and were sentenced by Judge Shirley Kram of the Southern … Read more