No. 23-5811

Valery LaTouche v. Harold D. Graham, Superintendent, Auburn Correctional Facility

Lower Court: Second Circuit
Docketed: 2023-10-17
Status: Denied
Type: IFP
IFP
Tags: due-process fifth-amendment fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel rule-60(b) rule-60b self-incrimination
Key Terms:
CriminalProcedure
Latest Conference: 2024-01-05
Question Presented (AI Summary)

whether-new-york-cpl-440.10(2)(c)-statutes-being-amended

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ; WHETHER, TO NEW YORK CP.L 440.10(2)(C) STATUTES BEING AMENDED PURSUANT RULE 60(b)(5)(6) RECONSIDERATION IS WARRANTED AS TO THE LOWER COURT ERROR IN DENYING THE MOTION TO SUPPRESS ’ ALL OF PETITIONER’S STATEMENT, WHICH WERE INVOLUNTARY , RENDERED AND VIOLATED HIS FIFTH AMENDMENT PRIVILEGE AGAINST SELF-INCRIMINATION. . , . WHETHER, THE REPRESENTATION TRIAL AND APPELLATE WAS INEFFECTIVE FOR FAILING TO ARGUE THE PROPER LEGAL AUTHORITY AT ; a THE SUPPRESSION HEARING, WHICH RESULTED. IN HIGHLY ‘INCRIMINATING EVIDENCE BEING ADMITTED IN PETITIONER JURY TRIAL IN VIOLATION OF PETITIONER FOURTEENTH AMENDMENT RIGHT TO DUE PROCESS oe , WHETHER TH DISTRICT COURT ABUSED. ITS DISCRETION WHEN IT DENIED THE PETITIONER’S RULE 60(B) MOTION. A CHANGE IN NEW YORK STATE STATUE C.P.L 440.10(2)(C) WHICH THE DISTRICT COURT INVOKE DURING PETITIONER HABEAS PETITION, PROCEDURAL BARRING THE ISSUE WHETHER ‘# PETITIONER CONFESSION: SHOULD HAVE BEEN DISMISSED AS A RESULT OF HIM INVOKING HIS RIGHT TO REMAIN SILENT WHETHER DISTRICT COURT ABUSED HIS DISCRETION UPON THE “EXCEPTIONAL CIRCUMSTANCES EXISTING ~TO GRANT PETITIONER RELIEF ON THE GROUNDS RAISED IN HIS THIRD RULE 60(B) MOTION PURSUANT TO THE TEST ISSUED IN SARGENT V COLUMBIA FOREST PRODUCTS, INC 75 F:3D 86 (2D CIR 1996),

Docket Entries

2024-01-08
Petition DENIED.
2023-11-30
DISTRIBUTED for Conference of 1/5/2024.
2023-10-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 16, 2023)

Attorneys

Valery LaTouche
Valery LaTouche — Petitioner
Valery LaTouche — Petitioner