Mazariego v. Kirkpatrick

Mazariego v. Kirkpatrick

Petitioner:	Joni Mazariego
Respondent:	Michael Kirkpatrick
Case Number:	2:2016cv02290
Filed:	April 20, 2016
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	Joseph F. Bianco
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
July 26, 2017	Filing 16 MEMORANDUM AND OPINION: For the reasons set forth herein, the Court concludes that petitioner's claims that (1) Detective Londono was improperly certified as an expert and that his testimony was therefore improperly allowed; (2) his conviction f or attempted assault in the second degree was against the weight of the evidence; and (3) he should have been resentenced on all counts when he was resentenced on the attempted gang assault in the first degree count are all procedurally barred from f ederal habeas review. However, even if those claims were not procedurally barred, the Court finds that all the claims set forth in the petition are substantively without merit because the state court's rulings were not contrary to, or an unreas onable application of, clearly established federal law. Therefore, the petition for a writ of habeas corpus is denied in its entirety, and because petitioner has failed to make a substantial showing of a denial of a constitutional right, no certificate of appealability shall issue. See 28 U.S.C. § 2253(c)(2). The Clerk of the Court shall close this case. SO ORDERED. Ordered by Judge Joseph F. Bianco on 7/26/2017. (Zbrozek, Alex)

Date Filed

Document Text

July 26, 2017

Filing 16 MEMORANDUM AND OPINION: For the reasons set forth herein, the Court concludes that petitioner's claims that (1) Detective Londono was improperly certified as an expert and that his testimony was therefore improperly allowed; (2) his conviction f or attempted assault in the second degree was against the weight of the evidence; and (3) he should have been resentenced on all counts when he was resentenced on the attempted gang assault in the first degree count are all procedurally barred from f ederal habeas review. However, even if those claims were not procedurally barred, the Court finds that all the claims set forth in the petition are substantively without merit because the state court's rulings were not contrary to, or an unreas onable application of, clearly established federal law. Therefore, the petition for a writ of habeas corpus is denied in its entirety, and because petitioner has failed to make a substantial showing of a denial of a constitutional right, no certificate of appealability shall issue. See 28 U.S.C. § 2253(c)(2). The Clerk of the Court shall close this case. SO ORDERED. Ordered by Judge Joseph F. Bianco on 7/26/2017. (Zbrozek, Alex)

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Respondent: Michael Kirkpatrick
Represented By:	Nassau County District Attorney's Office
Represented By:	NASSAU COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC
Represented By:	NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC
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Petitioner: Joni Mazariego
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