No. 21-5925

Denworth Davidson v. Thomas Griffin, Superintendent, Green Haven Correctional Facility, et al.

Lower Court: Second Circuit
Docketed: 2021-10-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability constitutional-rights due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel procedural-default prosecutorial-misconduct sixth-amendment
Key Terms:
DueProcess CriminalProcedure
Latest Conference: 2021-12-10
Question Presented (AI Summary)

Whether Petitioner has shown a constitutional violation

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Whether, as a threshold matter, Petitioner has shown that his federal constitutional right to a fair trial and due process was violated by the prosecutor's misconduct at trial and thus a certificate of appealability should have been issued. 2. Whether Petitioner has met a threshold showing that he was denied his sixth amendment right to the effective assistance of counsel and thus a certificate of appealability should have issued. 3. Whether Petitioner has shown both cause for the procedural default that the state court found and actual prejudice for the constitutional violation.

Docket Entries

2021-12-13
Petition DENIED.
2021-12-01
Waiver of right of respondent Thomas Griffin, Supt. Green Haven Fac. to respond filed.
2021-11-24
DISTRIBUTED for Conference of 12/10/2021.
2021-08-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 8, 2021)

Attorneys

Denworth Davidson
Denworth Davidson — Petitioner
Thomas Griffin, Supt. Green Haven Fac.
William Hauer BraniganQueens County District Attorney, Respondent