Willock v. Martuscello

Willock v. Martuscello

Petitioner:	Omar Willock
Respondent:	Daniel F. Martuscello, Jr.
Case Number:	1:2017cv00454
Filed:	January 26, 2017
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Kiyo A. Matsumoto
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
May 27, 2020	Filing 21 ORDER Denying Writ of Habeas Corpus and Dismissing Case: For the reasons stated in the attached Memorandum and Order, the petition for a writ of habeas corpus is DENIED in its entirety. Petitioner's third claim, which challenges the trial 's court supplemental jury instruction regarding intent, is procedurally barred, and was rejected by the Appellate Division on independent and adequate state law grounds. Petitioner has not shown cause and prejudice to justify consideration of t he petition's procedurally barred claim, nor has he demonstrated that he is "actually innocent" of the offense of conviction. Petitioner's remaining claims are meritless. Thus, the petition for a writ of habeas corpus is DE NIED and this case is DISMISSED. A certificate of appealability shall not issue because petitioner has not made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2). The clerk is respectfully directed to enter ju dgment in favor of respondent, close this case, and send a copy of this Memorandum and Order and the judgment to the petitioner at his last known address, and note service on the docket. Ordered by Judge Kiyo A. Matsumoto on 5/27/2020. (Brasky, Michael)

Date Filed

Document Text

May 27, 2020

Filing 21 ORDER Denying Writ of Habeas Corpus and Dismissing Case: For the reasons stated in the attached Memorandum and Order, the petition for a writ of habeas corpus is DENIED in its entirety. Petitioner's third claim, which challenges the trial 's court supplemental jury instruction regarding intent, is procedurally barred, and was rejected by the Appellate Division on independent and adequate state law grounds. Petitioner has not shown cause and prejudice to justify consideration of t he petition's procedurally barred claim, nor has he demonstrated that he is "actually innocent" of the offense of conviction. Petitioner's remaining claims are meritless. Thus, the petition for a writ of habeas corpus is DE NIED and this case is DISMISSED. A certificate of appealability shall not issue because petitioner has not made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2). The clerk is respectfully directed to enter ju dgment in favor of respondent, close this case, and send a copy of this Memorandum and Order and the judgment to the petitioner at his last known address, and note service on the docket. Ordered by Judge Kiyo A. Matsumoto on 5/27/2020. (Brasky, Michael)

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Respondent: Daniel F. Martuscello, Jr.
Represented By:	KINGS COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC
Represented By:	NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC
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Petitioner: Omar Willock
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