No. 22-7491

Orlando Ocasio v. Joseph Noeth, Superintendent, Attica Correctional Facility

Lower Court: Second Circuit
Docketed: 2023-05-09
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights criminal-procedure due-process expert-testimony expert-witness fair-trial habeas-corpus ineffective-assistance-of-counsel medical-evidence trial-strategy
Latest Conference: 2023-09-26
Question Presented (from Petition)

As in Mr.Ocasio's case where there was no introduction of any defense whatsoever and the Monroe County Court, Western District Court, and the Second Circuit Court of Appeals denied grounds for relief to Mr.Ocasio stating that there is no grounds for ineffective assistance of counsel, rather, disagreement with tactics, trial strategy, defaulted claims, and AEDPA.

(QUESTION 1). WAS MR.OCASIO DEPRIVED OF HIS CONSTITUTIONAL RIGHTS TO EFFECTIVE ASSISTANCE OF COUNSEL WHERE HIS TRIAL COUNSEL FAILED TO: 1). INTRODUCE ANY DEFENSE; 2). INTRODUCE EXPERT OPINION EVIDENCE TO EXPLAIN BOTH WHAT WAS AND WHAT WAS NOT FOUND DURING THE MEDICAL EXAMINATION OF THE COMPLAINANT'S; 3). CROSS-EXAMINE THE PEOPLE'S EXPERT REGARDING THE SIGNIFICANCE OF THE ABSENCE OF EVIDENCE OF INFLICTED TRAUMA; 4). ADEQUATELY CROSS-EXAMINE THE PEOPLE 'S EXPERT ON CHILD SEXUAL ABUSE ACCOMMODATION SYNDROME REGARDING LITERATURE RAISING DOUBTS AS TO THE SYNDROME; 5). CONSULT OR CALL MEDICAL EXPERT; 6). OBTAIN COPIES OF THE COLPOSCOPE SLIDES AND HAVE THEM REVIEWED BY AN INDEPENDENT MEDICAL EXPERT; 7). RETAINED MEDICAL EXPERT; 8). CALL FACTS WITNESSES WHEN THEY WERE AVAILABLE TO COOPERATE AND TESTIFY FOR THE DEFENSE ?

(QUESTION 2). CAN TRIAL STRATEGY AND TACTICS EXCUSE ALL THESE FAILURES HIGHLIGHTED IN QUESTION (1) WHEN ALL (8) ARE SUBJECT TO ONE CASE ?

(QUESTION 3). WAS THE SECOND CIRCUIT COURT OF APPEALS IN CONFLICT WITH ESTABLISHED FEDERAL 'LAWS IN DENYING MR.OCASIO'S CERTIFICATE OF APPEALABILITY WHEN MR.OCASIO'S CLAIMS OF CONSTITUTIONAL VIOLATION WERE PRESENTED TO THE DISTRICT COURT UNDER MCQUIGGINS v. PERKINS , 469 U.S 383; KRUELSKI v. Connecticut Supreme Ct. for Jud. Dist. of Danbury , 316 F 3d 103, 106 (2d Cir. 2003) TO OVERCOME HIS PROCEDURAL BAR, DEFAULTED CLAIMS, AND AEDPA TO ALLOWED PETITIONER'S CLAIMS OF INEFFECTIVE ASSISTANCE OF COUNSEL, ACTUAL INNOCENT, MISCARRIAGE OF JUSTICE, CAUSE AND PREJUDICE, CONTRARY TO OR INVOLVED AN UNREASONABLE APPLICATION OF CLEAR ESTABLISHED FEDERAL LAW OR UNREASONABLE DETERMINATION OF THE FACTS IN LIGHT OF THE EVIDENCE PRESENTED IN THE STATE COURT PROCEEDING 28 U.S.C.A. § 2254 [d](l)(2> ?

(QUESTION 4). WAS MR.OCASIO'S CONSTITUTIONAL RIGHT TO DUE PROCESS OF THE LAW, RIGHT TO EFFECTIVE COUNSEL, AND A FAIR TRIAL VIOLATED WHEN MR.OCASIO DO NOT HAVE THE ECONOMICAL SUPPORT TO RETAINED A MEDICAL EXPERT TO INTRODUCE MEDICAL OPINION EVIDENCE AND WHEN REQUESTED IN POST CONVICTIONS REMEDIES > THE INmODUCTION OF PEDIATRIC MEDICAL EXPERT THE COURT DENIED MR.OCASIO'S REQUEST STATING THAT

Question Presented (AI Summary)

Was Mr.Ocasio deprived of his constitutional rights to effective assistance of counsel?

Docket Entries

2023-10-02
Petition DENIED.
2023-06-22
DISTRIBUTED for Conference of 9/26/2023.
2023-03-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 8, 2023)

Attorneys

Orlando Ocasio
Orlando Ocasio — Petitioner