Smith v. Fischer

Smith v. Fischer

Petitioner:	Patrick Smith
Respondent:	Brian Fischer
Case Number:	1:2007cv02966
Filed:	April 13, 2007
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Westchester
Presiding Judge:	Robert W. Sweet
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 16, 2013	Filing 51 OPINION: For the foregoing reasons, Petitioner's petition for writ of habeas corpus is granted. It is so ordered. (Signed by Judge Robert W. Sweet on 7/12/2013) (cd)
March 5, 2012	Filing 31 OPINION: For the reasons set forth in this Order, the petition for a writ of habeas corpus is denied. Pursuant to 28 U.C.C. § 2253(c), a Certificate of Appealabilty should issue, where a habeas petitioner "has made a substantial showin g of the denial of a constitutional right." 28 U.S.C. § 2253 (c). The touchstone of such a showing is whether resolution of the petition "was debatable among jurists reason." Because reasonable jurists could debate, a Certificate of Appealability is granted as to Petitioner's ineffective assistance of counsel and due process claims. Additional relief as set forth in this Order. (Signed by Judge Robert W. Sweet on 3/1/2012) (pl) Modified on 3/5/2012 (pl).

Date Filed

Document Text

July 16, 2013

Filing 51 OPINION: For the foregoing reasons, Petitioner's petition for writ of habeas corpus is granted. It is so ordered. (Signed by Judge Robert W. Sweet on 7/12/2013) (cd)

March 5, 2012

Filing 31 OPINION: For the reasons set forth in this Order, the petition for a writ of habeas corpus is denied. Pursuant to 28 U.C.C. § 2253(c), a Certificate of Appealabilty should issue, where a habeas petitioner "has made a substantial showin g of the denial of a constitutional right." 28 U.S.C. § 2253 (c). The touchstone of such a showing is whether resolution of the petition "was debatable among jurists reason." Because reasonable jurists could debate, a Certificate of Appealability is granted as to Petitioner's ineffective assistance of counsel and due process claims. Additional relief as set forth in this Order. (Signed by Judge Robert W. Sweet on 3/1/2012) (pl) Modified on 3/5/2012 (pl).

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Petitioner: Patrick Smith
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Respondent: Brian Fischer
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