Carmichael v. Chappius
Brian Carmichael |
Paul Chappius |
1:2014cv10012 |
December 19, 2014 |
US District Court for the Southern District of New York |
Foley Square Office |
Chemung |
Katherine Polk Failla |
Andrew J. Peck |
Habeas Corpus (General) |
28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
None |
Available Case Documents
The following documents for this case are available for you to view or download:
Document Text |
---|
Filing 61 OPINION AND ORDER re: 58 MOTION for Certificate of Appealability filed by Brian Carmichael. On September 13, 2018, the Court issued an Order in this case denying Mr. Carmichael's petition for a writ of habeas corpus. (Dkt. # 55). On October 11, 2018, Mr. Carmichael filed a notice of appeal and a motion for certificate of appealability. (Dkt. #57-59). Respondent filed an opposition to the motion on October 31, 2018. (Dkt. #6). In his motion, Mr. Carmichael argues that the Court should grant a certificate of appealability for the Second Circuit to review this Court's findings that (i) there was a reasonable basis for the state court's analysis that Batson errors are not structural, and (ii) trial couns el's failure to present available arguments that the prosecution was striking Black prospective jurors based upon their race did not constitute ineffective assistance under Strickland's performance prong. The Court has reviewed the parties' submissions, and GRANTS Petitioner's motion on both issues. SO ORDERED. (Signed by Judge Katherine Polk Failla on 1/31/2019) (rro) |
Filing 55 OPINION AND ORDER. For the foregoing reasons, the petition for a writ of habeas corpus is DENIED and the Court adopts that portion of Magistrate Judge Peck's Report. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. So ordered. (Signed by Judge Katherine Polk Failla on 9/13/2018) (rjm) Transmission to Orders and Judgments Clerk for processing. |
Filing 25 OPINION AND ORDER: For the foregoing reasons, the petition for a writ of habeas corpus is granted, and this case is remanded to the Supreme Court of New York, New York County, for proceedings consistent with this Order. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. (Signed by Judge Katherine Polk Failla on 4/21/2016) (tn) (Main Document 25 replaced on 4/21/2016) (tn). |
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Search for this case: Carmichael v. Chappius | |
---|---|
Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
Petitioner: Brian Carmichael | |
Represented By: | Richard M. Greenberg |
Represented By: | Sara Gurwitch |
Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Respondent: Paul Chappius | |
Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.