Carmichael v. Chappius
Petitioner: Brian Carmichael
Respondent: Paul Chappius
Case Number: 1:2014cv10012
Filed: December 19, 2014
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Chemung
Presiding Judge: Katherine Polk Failla
Presiding Judge: Andrew J. Peck
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
January 31, 2019 Opinion or Order 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)
September 13, 2018 Opinion or Order 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.
April 21, 2016 Opinion or Order 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).
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Petitioner: Brian Carmichael
Represented By: Richard M. Greenberg
Represented By: Sara Gurwitch
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Respondent: Paul Chappius
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