Hamilton v. Lee
Petitioner: Rohan Hamilton
Respondent: William Lee
Case Number: 1:2013cv04336
Filed: July 25, 2013
Court: US District Court for the Eastern District of New York
Office: Brooklyn Office
Presiding Judge: Jack B. Weinstein
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
May 26, 2016 Opinion or Order Filing 172 MEMORANDUM & ORDER denying petitioner's 92 Rule 60(b) motion seeking relief from this court's March 27, 2015 judgment denying his writ of habeas corpus. Ordered by Judge Jack B. Weinstein on 5/26/2016. (Barrett, C)
November 10, 2015 Opinion or Order Filing 102 MEMORANDUM AND ORDER. Petitioner Rohan Hamilton brings a Rule 60(b) motion requesting relief from this court's judgment of March 27, 2015 which denied his habeas corpus petition. (ECF Nos. 73 , 92 .) Due to the unusual circumsta nces of this case and the desirability of developing a complete factual record for the Court of Appeals for the Second Circuit, the court determines that petitioner's claims relating to the newly available duct tape evidence are properly raise d in the context of a Rule 60(b) motion challenging the dismissal of the habeas corpus petition. Given the apparently negative results of the examination of the now available tape conducted by petitioner's expert, an evidentiary hearin g will be conducted on November 19, 2015 at 10:00 a.m. Both parties are directed to appear with qualified appropriate experts prepared to address, among other relevant issues: (1) why the latent print previously identified by the NYPD on the duct tape appears to no longer be visible; (2) what kind of further examination, if any, could be carried out to determine whether there is, or was, a print on any part of available duct tape; and (3) any other issues raised by the parties. (Evidentiary Hearing set for 11/19/2015 at 10:00 AM in Courtroom 10B South before Judge Jack B. Weinstein.) Ordered by Judge Jack B. Weinstein on 10/10/2015. (Barrett, C)
October 5, 2015 Opinion or Order Filing 95 ORDER reducing amount of expert voucher. Ordered by Chief Mag. Judge Steven M. Gold on 10/5/2015. (Gold, Steven)
March 27, 2015 Opinion or Order Filing 72 MEMORANDUM AND ORDER. The 63 motion for sanctions pursuant to Federal Rule of Civil Procedure 37(b)(2)(A)(i) is denied. The motion for default judgment pursuant to Federal Rule of Civil Procedure 37(b)(2)(A)(vi) is denied. The petition for a w rit of habeas corpus pursuant to 28 U.S.C. § 2554 is denied. The motion for reconsideration is denied. The New York City Police Department is under a continuing obligation to produce the duct tape, and to expedite that production to t he extent possible. This issue is respectfully referred to the magistrate judge for decision. This referral is not intended by the court to affect the finality of this judgment of dismissal and certification. This court does not make a finding on finality. A certificate of appealability is granted with respect to: (1) petitioner's right to confrontation; and (2) whether defense counsel provided a constitutionally adequate defense with respect to the issue of the duct tape, and whether a different defense would have changed the verdict. Ordered by Judge Jack B. Weinstein on 3/27/2015. (Barrett, C)
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Petitioner: Rohan Hamilton
Represented By: Lawrence Mark Stern
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Respondent: William Lee
Represented By: KINGS COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC
Represented By: NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC
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