No. 19-7184

Stanley Brewer v. Robert F. Cunningham, Superintendent, Fishkill Correctional Facility

Lower Court: Second Circuit
Docketed: 2020-01-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment conflict-of-interest due-process habeas-corpus ineffective-assistance judicial-bias judicial-misconduct miller-el-standard prosecutorial-misconduct
Key Terms:
DueProcess FourthAmendment HabeasCorpus Privacy JusticiabilityDoctri
Latest Conference: 2020-02-28
Question Presented (AI Summary)

Did the United States Court of Appeals Second Circuit misapply the ruling in Miller-El v. Cockrell?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ) (14) Did the United States. Court of Appeals Second Circuit ‘misapplied the ruling in Miller-El v. Cockrell, in denial of petitioner’s claims? Using conclusory terms and by merely stating, “Petitioner did : not show a substantial showing of a Constitutional Right. “Where the ; rule announced by United States Supreme Court in Mi/ler-E/ Vv. : Cockrell is, “petitioner satisfied this standard by demonstrating that jurists of reason could conclude the issues presented are adequate to ; ; deserves encouragement to proceed further. ” Slack Vv. McDaniel. (2) Did the United States Court of Appeals Second Circuit Misapplied the standard in relation to petitioner's Prosecutorial . Misconduct claim? Where the petitioner’s Traverse has been unopposed. 7 there by conceded to the facts therein. Where the prosecutor knew or should have known that its witnesses gave false and misleading , testimony from the grand jury, pre-trial and trial. Fernandez v. Capra, 916 F. 3d 215, 230-31, (2019). Shih Wei Su v. Filion, 335 F.3d 119, 126 | (2003); and. failed to correct it when it appeared, Dubose v. Lefevre, : : 619 F.2d 973, 978, (2d Cir. 1980), and violated “the petitioner’s Constitutional Right under the 14th Amendment. Did the United States . Court of Appeals Second Circuit Misapplied the standard in Miller-E/ v. ; Cockrell in denial of petitioner's COA in-relation to his Judicial 4 Misconduct claim? Where the District Court failed to address the ~~ . “ judicial misconduct (Bias) claim, Liteky V. United States, 510 U.S. 540, . 555, 1148.Ct. 1147 (1994), Withrow V. Larkins, 421 U.S. 35, 47, 95 . : 5.Ct. 1456, 1464, (1975),in the Petition/Appellant Traverse and reply motion the trial the judge was actually bias and prejudiced the , petitioner in his decision this act threw the scales of justice (due , process of law) out of balance and imbued the petitioner with : substantial prejudice. Williams v. Pennsylvania, 136 S.Ct. 1899, 1905 : (2016). : f (3) The district court adopted the pre-trial judge’s decision ; order of the probable cause hearing, where the pre-trial judge misstated the facts of the record, and rendering the district court fact finding | Srocess unreasonable; a violation of the petitioner’s 14th Amendment. : ; Wiggins v. Smith, 123 S.Ct. 2538-39 (2003); Harris v. Kuhlman, 345 F.3d 350-351 (2nd Cir, 2003); ‘Taylor v. Maddox, 366 F.3d 992 (9t» Cir. | ; 2004), which a jurists of reason could find debatable, announced mm Slack v McDantel’s jurists of reason standard raised in petitioner’s COA? : (5) Did the United States District Court and the United States ; Court of Appeals Second Circuit Misapplied the standard in denial of ; petitioner’s ineffective assistance claim Strickland v Washington 466 7 ; US. 688, 687-88, (1984). Rompilla v. Beard, 124 S.Ct. 2456, 2467,(2005), . and the conflict of interests announced in the ruling in U.S. v. Perez, . 325 F.3d 115 (24 Cir, 2008).

Docket Entries

2020-03-02
Petition DENIED.
2020-02-13
DISTRIBUTED for Conference of 2/28/2020.
2020-01-21
Waiver of right of respondent Robert F. Cunningham, Superintendent, Fishkill Correctional Facility to respond filed.
2019-11-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 6, 2020)

Attorneys

Robert F. Cunningham, Superintendent, Fishkill Correctional Facility
Steven A. BenderWestchester District Attorneys Office, Respondent
Steven A. BenderWestchester District Attorneys Office, Respondent
Stanley Brewer
Stanley Brewer — Petitioner
Stanley Brewer — Petitioner