No. 20-1481

Adrian Parbhudial v. Jamie LaManna, Superintendent, Green Haven Correctional Facility

Lower Court: Second Circuit
Docketed: 2021-04-22
Status: Denied
Type: Paid
Response Waived
Tags: criminal-defense due-process habeas-corpus home-invasion ineffective-assistance ineffective-assistance-of-counsel mistake police-officers Strickland strickland-standard witness-testimony witnesses
Key Terms:
FifthAmendment HabeasCorpus
Latest Conference: 2021-05-20
Question Presented (AI Summary)

Was it an unreasonable application of Strickland-v-Washington,466-U.S.-668-(1984)

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Was it an unreasonable application of Strickland v. Washington, 466 U.S. 668 (1984) and its progeny for the state courts, and the habeas courts below, to treat an attorney’s decision to call or not call witnesses as a per se strategic decision even where, as here, the witnesses in question were the only ones who could have proven his innocence and trial counsel admitted that the uncalled witness’s testimony would have been helpful to the defense? 2. In a case where the petitioner was accused of shooting at police officers who broke into his family’s home late at night and had an extremely strong defense of mistake, did he receive ineffective assistance of counsel where his attorney committed a cascade of errors that effectively deprived him of that defense, including failure to secure the availability of critical witnesses, failure to call those witnesses, and failure to object to prejudicial rulings, and did the state courts unreasonably apply Strickland, supra, in holding otherwise?

Docket Entries

2021-05-24
Petition DENIED.
2021-05-04
DISTRIBUTED for Conference of 5/20/2021.
2021-04-28
Waiver of right of respondent Jamie LaManna to respond filed.
2021-04-20
Petition for a writ of certiorari filed. (Response due May 24, 2021)

Attorneys

Adrian Parbhudial
Jonathan I. EdelsteinEdelstein & Grossman, Petitioner
Jonathan I. EdelsteinEdelstein & Grossman, Petitioner
Jamie LaManna
Lisa Ellen FleischmannNYS Attorney General's Office, Respondent
Lisa Ellen FleischmannNYS Attorney General's Office, Respondent