No. 18-1421

Nassau County District Attorney's Office v. Mark Orlando

Lower Court: Second Circuit
Docketed: 2019-05-14
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (23)
Tags: aedpa aedpa-deference bruton-v-united-states confrontation-clause constitutional-interpretation deferential-review habeas-corpus murder-conviction state-court-deference supreme-court-precedent teague-v-lane tennessee-v-street
Key Terms:
DueProcess HabeasCorpus Punishment
Latest Conference: 2020-05-15 (distributed 23 times)
Question Presented (AI Summary)

Whether the state court's admission of an accomplice's inculpatory statement, accompanied by limiting instructions, violated the Confrontation Clause

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Did the Court of Appeals violate the deferential review requirements of 28 U.S.C. § 2254(d) by setting aside a state murder conviction based on its de novo analysis of a confrontation claim, without fulfilling its obligation to consider the arguments supporting the state court’s denial of the claim or whether fairminded jurists could agree with the state court’s conclusions? 2. Did the Court of Appeals misapply the Supreme Court’s holdings in Bruton v. United States and Tennessee v. Street, and violate Teague v. Lane, by granting habeas relief based on a new rule of law, when it held that the constitutional guarantee of confrontation precludes the admission of inculpatory accomplice statements—even if not admitted for their truth and accompanied by limiting instructions—unless the defendant has testified and the State refrains from referencing the accomplice statements in any manner or expressly disavows the truth of the statements? 3. Did the Court of Appeals err in determining that the state court’s failure to follow its new confrontation rule constituted an unreasonable application of clearly established Federal law, as determined by the Supreme Court of the United States, where the Supreme Court has never promulgated the new confrontation rule announced by the Second Circuit?

Docket Entries

2020-05-18
Petition DENIED.
2020-05-18
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
2020-05-11
DISTRIBUTED for Conference of 5/15/2020.
2020-04-29
Rescheduled.
2020-04-27
DISTRIBUTED for Conference of 5/1/2020.
2020-04-22
Rescheduled.
2020-04-20
DISTRIBUTED for Conference of 4/24/2020.
2020-04-15
Rescheduled.
2020-04-13
DISTRIBUTED for Conference of 4/17/2020.
2020-04-01
Rescheduled.
2020-03-30
DISTRIBUTED for Conference of 4/3/2020.
2020-03-25
Rescheduled.
2020-03-23
DISTRIBUTED for Conference of 3/27/2020.
2020-03-18
Rescheduled.
2020-03-16
DISTRIBUTED for Conference of 3/20/2020.
2020-03-02
Rescheduled.
2020-03-02
DISTRIBUTED for Conference of 3/6/2020.
2020-02-27
Rescheduled.
2020-02-24
DISTRIBUTED for Conference of 2/28/2020.
2020-02-19
Rescheduled.
2020-02-14
DISTRIBUTED for Conference of 2/21/2020.
2020-01-22
Rescheduled.
2020-01-21
DISTRIBUTED for Conference of 1/24/2020.
2020-01-16
Rescheduled.
2020-01-13
DISTRIBUTED for Conference of 1/17/2020.
2020-01-08
Rescheduled.
2020-01-06
DISTRIBUTED for Conference of 1/10/2020.
2019-12-09
Rescheduled.
2019-12-09
DISTRIBUTED for Conference of 12/13/2019.
2019-12-03
Rescheduled.
2019-12-02
DISTRIBUTED for Conference of 12/6/2019.
2019-11-20
Rescheduled.
2019-11-18
DISTRIBUTED for Conference of 11/22/2019.
2019-11-13
Rescheduled.
2019-11-12
DISTRIBUTED for Conference of 11/15/2019.
2019-11-06
Rescheduled.
2019-11-04
DISTRIBUTED for Conference of 11/8/2019.
2019-10-30
Rescheduled.
2019-10-28
DISTRIBUTED for Conference of 11/1/2019.
2019-10-17
Rescheduled.
2019-10-15
DISTRIBUTED for Conference of 10/18/2019.
2019-10-08
Rescheduled.
2019-10-07
DISTRIBUTED for Conference of 10/11/2019.
2019-09-26
Rescheduled.
2019-09-18
Reply of petitioner Nassau County District Attorney's Office filed. (Distributed)
2019-09-04
DISTRIBUTED for Conference of 10/1/2019.
2019-08-20
Brief of respondent Mark Orlando in opposition filed.
2019-08-20
Motion for leave to proceed in forma pauperis filed by respondent Mark Orlando.
2019-07-24
Response Requested. (Due August 23, 2019)
2019-06-12
DISTRIBUTED for Conference of 10/1/2019.
2019-06-11
Waiver of right of respondent Mark Orlando to respond filed.
2019-05-08
Petition for a writ of certiorari filed. (Response due June 13, 2019)

Attorneys

Mark Orlando
Jane Simkin Smith — Respondent
Nassau County District Attorney's Office
Tammy Jennifer SmileyNassau County District Attorney's Office, Petitioner