Santiago v. Annucci et al
Petitioner: Cheryl Santiago
Respondent: Anthony J. Annucci and Sabina Kaplan
Case Number: 1:2014cv03813
Filed: May 29, 2014
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Queens
Presiding Judge: Frank Maas
Presiding Judge: William H. Pauley
Nature of Suit: General
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
November 17, 2017 Opinion or Order Filing 31 MEMORANDUM OPINION & ORDER re: 30 MOTION for Certificate of Appealability filed by Cheryl Santiago: Based on the reasons above, Santiago's November 16, 2017 motion for a certificate of appealability is denied. This resolves Docket Number 30 in the above-captioned matter. (Signed by Judge Thomas P. Griesa on 11/17/2017) (jwh)
October 19, 2017 Opinion or Order Filing 25 OPINION: Before this court is a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 brought by petitioner Cheryl Santiago, whose conviction for second degree murder in Dutchess County Court was affirmed on direct appeal by the Appe llate Division of the Supreme Court of New York, 949 N.Y.S.2d 78 (N.Y. App. Div. 2d Dep't 2012), and the Court of Appeals of New York, 9 N.E.3d 870 (N.Y. 2014). ECF No. 2. Santiago alleges that her trial counsel provided ineffective assistance a nd deprived her of her Sixth Amendment rights because counsel failed to (1) object to a Power Point slideshow, (2) seek redaction of letters containing sexually explicit material, and (3) object to certain trial testimony. ECF No. 4, at 3-12. Based o n the reasons explained above, the court denies Santiago's petition as to all three claims. The first two claims are denied based on review of the state court determinations. The third claim is denied based on the court's independent review under Strickland, as required by Teague. Thus Santiago's petition for habeas relief pursuant to 28 U.S.C. § 2254 is denied in its entirety, and the Clerk of Court is requested to close this case. (Signed by Judge Thomas P. Griesa on 10/19/2017) (jwh) (Main Document 25 replaced on 10/19/2017) (jwh). Modified on 10/19/2017 (jwh).
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Petitioner: Cheryl Santiago
Represented By: Malvina Nathanson
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Respondent: Anthony J. Annucci
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Respondent: Sabina Kaplan
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