No. 18-253

Michael Felix v. New York

Lower Court: New York
Docketed: 2018-08-28
Status: Denied
Type: Paid
Response Waived
Tags: 14th-amendment adequate-notice appellate-review coram-nobis due-process due-process-14th-amendment errors-of-law fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel notice notice-and-opportunity notice-of-hearing opportunity-to-be-heard state-constitutional-right-to-appeal unexplained-decision writ-of-error-coram-nobis
Key Terms:
DueProcess HabeasCorpus CriminalProcedure Securities
Latest Conference: 2018-10-05
Question Presented (AI Summary)

Whether the court of original jurisdiction denied petitioner due process under the United States Constitution's Fourteenth Amendment

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Whether the court of original jurisdiction denied petitioner due process under the United States Constitution’s Fourteenth Amendment? Whether a court of original jurisdiction is constitutionally required to state the bases of its determination. Without such a statement, it is impossible to determine what the court decided or why? a. Whether the court of original jurisdiction violates a petitioner’s due process right to adequate notice and an opportunity to be heard in opposition by issuing an unexplained decision and order making meaningful appellate review impossible? b. Whether the court of original jurisdiction violated petitioner’s due process rights by committing egregious errors of law in not citing cases or precedent in their decisions? II. Whether the state appellate process for a Writ of Error Coram Nobis for ineffective assistance of appellate counsel violates the petitioner’s state constitutional right to an appeal and petitioner’s federal due process right under the 14" Amendment? III. Whether appellate counsel for petitioner committed ineffective assistance of counsel by not raising strong and meritorious claims of ineffective assistance of counsel based on numerous prejudicial failures and omissions by trial counsel?

Docket Entries

2018-10-09
Petition DENIED.
2018-09-12
DISTRIBUTED for Conference of 10/5/2018.
2018-09-04
Waiver of right of respondent New York to respond filed.
2018-08-14
Petition for a writ of certiorari filed. (Response due September 27, 2018)

Attorneys

MICHAEL FELIX
William Barry LicataWilliam B. Licata, Esq., Petitioner
William Barry LicataWilliam B. Licata, Esq., Petitioner
New York
Donna Alicia Milling — Respondent
Donna Alicia Milling — Respondent