Hudyih v. Smith

Hudyih v. Smith

Petitioner:	Rashad Hudyih
Respondent:	Joseph T Smith
Case Number:	7:2012cv01761
Filed:	March 7, 2012
Court:	US District Court for the Southern District of New York
Office:	White Plains Office
County:	Ulster
Presiding Judge:	Vincent L. Briccetti
Presiding Judge:	George A. Yanthis
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
July 1, 2015	Filing 18 OPINION AND ORDER: For the foregoing reasons, the Petition and requests for discovery are denied. The remaining issue is whether to grant a certificate of appealability ("COA"). For a COA to issue, a petitioner must make a "substantial showing of the denial of a constitutional right." A "substantial showing" does not require a petitioner to show that he would prevail on the merits, but merely that reasonable jurists could disagree as to whether "the petition sh ould have been resolved in a different manner or [whether] the issues presented were 'adequate to deserve encouragement to proceed further.'" Petitioner has made such a showing on his claim for ineffective assistance of trial counsel b ased on trial counsel's failure to obtain Richie's blood test results or a test of Richie's blood-stained clothing. Thus, I grant a COA. The Clerk of the Court is directed to close this Petition and this case. SO ORDERED. (As further set forth in this Order.) (Signed by Judge Shira A. Scheindlin on 7/1/2015) (ajs)

Date Filed

Document Text

July 1, 2015

Filing 18 OPINION AND ORDER: For the foregoing reasons, the Petition and requests for discovery are denied. The remaining issue is whether to grant a certificate of appealability ("COA"). For a COA to issue, a petitioner must make a "substantial showing of the denial of a constitutional right." A "substantial showing" does not require a petitioner to show that he would prevail on the merits, but merely that reasonable jurists could disagree as to whether "the petition sh ould have been resolved in a different manner or [whether] the issues presented were 'adequate to deserve encouragement to proceed further.'" Petitioner has made such a showing on his claim for ineffective assistance of trial counsel b ased on trial counsel's failure to obtain Richie's blood test results or a test of Richie's blood-stained clothing. Thus, I grant a COA. The Clerk of the Court is directed to close this Petition and this case. SO ORDERED. (As further set forth in this Order.) (Signed by Judge Shira A. Scheindlin on 7/1/2015) (ajs)

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Petitioner: Rashad Hudyih
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Respondent: Joseph T Smith
Represented By:	John James Sergi
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