No. 23-6696

Anthony Daniels v. Mark Miller, Superintendent, Green Haven Correctional Facility

Lower Court: Second Circuit
Docketed: 2024-02-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process due-process-violation ineffective-assistance right-to-counsel sixth-amendment suggestive-identification
Key Terms:
DueProcess CriminalProcedure HabeasCorpus Patent
Latest Conference: 2024-03-15
Question Presented (AI Summary)

Whether the District Court errored for denial of Petitioner's claim that the State Identification was suggestive, improper and the State Court conclusion that the victim's had an Independent Origin for their In-Court Identification of Petitioner was an Unreasonable Application of clear established law

Question Presented (OCR Extract)

QUESTION(S) PRESENTED FOR REVIEW 1. Whether the District Court errored for denial of Petitioner’s claim that the State Identification was suggestive, improper and the State Court conclusion that the victim’s had an Independent Origin for their In-Court Identification of Petitioner was an Unreasonable Application of clear established law. 2. Whether the District Court errored for denial of Petitioner Dunaway Hearing, based on Petitioner’s arrest without Probable Cause nor Miranda warning and basing Probable Cause on the alleged sufficiency of the Identification evidence. 3. Whether the District Court error for the denial of Petitioner claim for the State denial of the Petitioner’s essential ingredient of the Sixth Amendment . Right to Counsel is that Counsel provide Constitutional Effective Assistance. 4. Whether the District Court error for denial of Petitioner Claim that the State engaged in misconduct based on witnesses perjury testimony, which were . relevant misstatements that were so egregious to tender the entire trial Fundamentally Unfair to a degree tetamount to a Due Process violation. 5. Whether the District Court error for denial of Petitioner Claim that the State Supreme Court held the suppression by the prosecution of evidence favorable to the accused upon request violated Due Process where evidence is material either to guilt or punishment Irrespective of the good faith or bad faith of prosecution. vi

Docket Entries

2024-03-18
Petition DENIED.
2024-02-29
DISTRIBUTED for Conference of 3/15/2024.
2024-02-27
Waiver of right of respondent Miller, Supt., Green Haven to respond filed.
2023-11-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 8, 2024)

Attorneys

Anthony Daniels
Anthony Daniels — Petitioner
Anthony Daniels — Petitioner
Miller, Supt., Green Haven
Leonard JobloveKings County District Attorney's Office, Respondent
Leonard JobloveKings County District Attorney's Office, Respondent