No. 23A37

Patrick Bowie v. William Lee, Superintendent, Greenhaven Correctional Facility

Lower Court: Second Circuit
Docketed: 2023-07-14
Status: Presumed Complete
Type: A
Tags: confrontation-clause crawford-v-washington fourteenth-amendment ineffective-assistance-of-counsel sixth-amendment strickland-v-washington
Latest Conference: N/A
Question Presented (AI Summary)

Whether the admission of an unproduced witness's statements without the defendant's opportunity to confront the witness violates the Sixth Amendment Confrontation Clause, and whether counsel's failure to object to such admission constitutes ineffective assistance of counsel under the Fourteenth Amendment

Question Presented (OCR Extract)

No question identified. : ye tant Ay would find the constitutional issues debatable. These claims were properly raised in the State and affirmed by the District Court, Southern District and Second Circuit Court of Appeals, which relates to the validity of the State Court conviction, under the Sixth and Fourteenth Amendment of the United States_ Constitution. Statements of an unproduced witness was admitted into evidence and viewed by the jury, without the petitioner able to confront his accuser. In addition, petitioner's counsel was ineffective when he failed to make an objection to the violation of petitioner's confrontation rights. These violations of petitioner's constitutional rights run a foul of Crawford v. Washington, 541 U.S. 36 (2004); and Strickland v. Washington, 466 U.S. 668 (1984). A. The complexity of these issues compels the petitioner to seek the assistance of a Green Haven law library clerk with the preparation and filing of a writ of certiorari. The clerk that helped with the preparation and filing of petitioner's COA and Enbanc petition is attending college summer courses, Therefore, a request slip must be submitted to attend the law library, which is only available twice a. week. Once in the law library an appointment will be made to meet with a clerk to discuss the aforementioned issues. This entire process takes about 45 days. I will be dependent on the case load of the clerks, when a clerk can assist with the petition. In view of the extensive appeal history, the importance and complexity of the federal constitutional issues, and the unfamiliarity with the law clerk ‘when assigned, this extension of time is necessary. WHEREFORE, it is respectfully requested that the time for filing the petition be extended to and including December 10,. 2023. Dated: July 6, 2023 Patrick Bowie 07A5516 Petitioner, Pro-Se Green Haven Corr.Facility P.O. Box 4000 . Stormville, NY 12582

Docket Entries

2023-07-18
Application (23A37) granted by Justice Sotomayor extending the time to file until November 9, 2023.
2023-07-07
Application (23A37) to extend the time to file a petition for a writ of certiorari from September 10, 2023 to November 9, 2023, submitted to Justice Sotomayor.

Attorneys

Patrick Bowie
Patrick Bowie — Petitioner
Patrick Bowie — Petitioner