Whether the Second Circuit created a circuit split and denied the state court judgment the deference mandated by 28-U.S.C-2254(d)(1) in granting habeas-corpus-relief

QUESTIONS PRESENTED 1. In granting habeas corpus relief to a state court prisoner, did the Second Circuit create a circuit split and deny the state court judgment the deference mandated by 28 U.S.C. §2254(d)(1) when it relied on a test that was not clearly established by this Court’s precedents to determine that an autopsy report was testimonial under the Confrontation Clause? 2 Whether the Second Circuit violated Yarborough v. Alvarado (541 U.S. 652 (2004)) by applying an overly specific “unreasonable application” analysis. 3. Whether the Second Circuit violated the harmless error standard in Brecht v. Abrahamson (507 U.S. 619 (1993)) in ruling that the admission of the autopsy report was not harmless despite (a) uncertainty as to whether the report was admissible to form the basis of an in-court expert opinion, and (b) overwhelming evidence of guilt including surveillance video of Garlick stabbing the victim to death. u RELATED CASES * Garlick v. Lee, No. 20-1796, U.S. Court of Appeals for the Second Circuit. Judgment entered June 11, 2021, petition for rehearing denied July 30, 2021. ¢ Garlick v. Lee, No. 18-ev-11038, U.S. District Court of the Southern District of New York. Judgment entered June 2, 2020. ¢ Garlick v. Miller, No. 18 Civ. 11038, U.S District Court of the Southern District of New York. Recommendation signed April 27, 2020. * Garlick v. New York, No. 17-5385, Supreme Court of the United States. Judgment entered December 4, 2017. ¢ People v. Garlick, Bronx Indictment 3681/2011, Court of Appeals of New York. Judgment entered March 8, 2017. ¢ People v. Garlick, Bronx Indictment 3681/2011, Supreme Court of the State of New York, Appellate Division, First Department. Judgment entered November 29, 2016. ¢ People v. Garlick, Bronx Indictment 3681/2011, Supreme Court of the State of New York, Bronx County. Judgment rendered November 1, 2013.