Martinez v. United States of America

Justia Dockets & Filings Second Circuit New York Eastern District Martinez v. United States of America

Martinez v. United States of America

Petitioner:	George Martinez
Respondent:	United States of America
Case Number:	1:2007cv02473
Filed:	June 14, 2007
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
County:	Kings
Presiding Judge:	Nicholas G. Garaufis
Nature of Suit:	Prisoner: Vacate Sentence
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentenc
Jury Demanded By:	None

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Date Filed	Document Text
January 26, 2012	Filing 55 ORDER: The Government's Motion in Limine 43 to rely on Gino Josh Singer's Affidavit is granted. Petitioner's motion pursuant to 28 U.S.C. 2255 is granted in part, as set forth in the attached order. Ordered by Judge Nicholas G. Garaufis on 1/26/2012. (Chapuis, Emily)
December 9, 2010	Filing 40 MEMORANDUM AND ORDER: Pursuant to 28 U.S.C. § 2255(b), the court will hold an evidentiary hearing to determine (1) whether trial counsel's decision to withdraw the notice of appeal based on communications with Petitioners' sister - and without further consultation with Petitioner - constituted constitutionally deficient representation, and, if so, (2) whether "but for counsel's deficient performance, [Petitioner] would have appealed." Roe v. Flores-Ortega, 52 8 U.S. 470,484 (2000); see also Campusano v. United States, 442 F.3d 770, 771(2d Cir. 2006). The court will appoint counsel to represent Petitioner for the purposes of this hearing. Ten days before the hearing, each party shall provide to the court and to opposing counsel: (1) a list of witnesses; and (2) any documentary evidence the party intends to introduce at the hearing. Ordered by Judge Nicholas G. Garaufis on 12/9/2010. (c/m to pro se) (Lee, Tiffeny)

Date Filed

Document Text

January 26, 2012

Filing 55 ORDER: The Government's Motion in Limine 43 to rely on Gino Josh Singer's Affidavit is granted. Petitioner's motion pursuant to 28 U.S.C. 2255 is granted in part, as set forth in the attached order. Ordered by Judge Nicholas G. Garaufis on 1/26/2012. (Chapuis, Emily)

December 9, 2010

Filing 40 MEMORANDUM AND ORDER: Pursuant to 28 U.S.C. § 2255(b), the court will hold an evidentiary hearing to determine (1) whether trial counsel's decision to withdraw the notice of appeal based on communications with Petitioners' sister - and without further consultation with Petitioner - constituted constitutionally deficient representation, and, if so, (2) whether "but for counsel's deficient performance, [Petitioner] would have appealed." Roe v. Flores-Ortega, 52 8 U.S. 470,484 (2000); see also Campusano v. United States, 442 F.3d 770, 771(2d Cir. 2006). The court will appoint counsel to represent Petitioner for the purposes of this hearing. Ten days before the hearing, each party shall provide to the court and to opposing counsel: (1) a list of witnesses; and (2) any documentary evidence the party intends to introduce at the hearing. Ordered by Judge Nicholas G. Garaufis on 12/9/2010. (c/m to pro se) (Lee, Tiffeny)

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Petitioner: George Martinez
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Respondent: United States of America
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