Moronta v. Griffen

Moronta v. Griffen

Petitioner:	Julio Moronta
Respondent:	Patrick Griffen
Case Number:	1:2013cv04081
Filed:	June 11, 2013
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Sullivan
Presiding Judge:	Unassigned
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
March 11, 2014	Filing 15 OPINION & ORDER: For all of the reasons set forth in this Opinion & Order, the petition for habeas is DENIED. The Court sua sponte certifies pursuant to 28 U.S.C. § 2253, however, that petitioner has made a substantial showing of the denial of a constitutional right with respect to the issue of whether the evidence presented to the trial court was sufficient so as to necessitate an extreme emotional disturbance charge at his trial as to all other issues, a certificate of appealability is de nied because petitioner has not made a substantial showing of the denial of a constitutional right as to those Issues. Pursuant to 28 U.S.C. § 1915(a), the Court grants petitioner permission to proceed in forma pauperis if petitioner decides to file an appeal because the Court finds that such appeal would be taken in good faith. The Clerk of Court is directed to terminate this action. (Signed by Judge Katherine B. Forrest on 3/10/2014) Copies Sent By Chambers. (tro)

Date Filed

Document Text

March 11, 2014

Filing 15 OPINION & ORDER: For all of the reasons set forth in this Opinion & Order, the petition for habeas is DENIED. The Court sua sponte certifies pursuant to 28 U.S.C. § 2253, however, that petitioner has made a substantial showing of the denial of a constitutional right with respect to the issue of whether the evidence presented to the trial court was sufficient so as to necessitate an extreme emotional disturbance charge at his trial as to all other issues, a certificate of appealability is de nied because petitioner has not made a substantial showing of the denial of a constitutional right as to those Issues. Pursuant to 28 U.S.C. § 1915(a), the Court grants petitioner permission to proceed in forma pauperis if petitioner decides to file an appeal because the Court finds that such appeal would be taken in good faith. The Clerk of Court is directed to terminate this action. (Signed by Judge Katherine B. Forrest on 3/10/2014) Copies Sent By Chambers. (tro)

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Respondent: Patrick Griffen
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Petitioner: Julio Moronta
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