No. 24-5379

Stephen T. Mitchell v. New York, et al.

Lower Court: Second Circuit
Docketed: 2024-08-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure due-process evidentiary-ruling habeas-corpus hearsay-exclusion
Key Terms:
AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether the exclusion of a habeas petitioner's proffered testimony on hearsay grounds violated the petitioner's federal constitutional rights to due process and a meaningful opportunity to defend against a criminal charge

Question Presented (OCR Extract)

question presented is: Whether the United States Court of Appeals for the Second Circuit should have granted a Certificate of Appealability to the habeas petitioner because the exclusion of the habeas petitioner’s proffered testimony purportedly upon hearsay grounds, contrary to New York State law, violated the federal constitution because the evidentiary ruling was unconstitutionally arbitrary and disproportionate, unconstitutionally denied the habeas petitioner his federal constitutional right to testify in his own behalf to be heard during the criminal trial process, and unconstitutionally denied the habeas petitioner his federal constitutional right to a meaningful opportunity to defend against a criminal charge? THE

Docket Entries

2024-10-07
Petition DENIED.
2024-09-12
DISTRIBUTED for Conference of 9/30/2024.
2024-09-05
Waiver of New York, et al. of right to respond submitted.
2024-09-05
Waiver of right of respondent New York, et al. to respond filed.
2024-08-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 23, 2024)

Attorneys

New York, et al.
Leonard JobloveKings County District Attorney's Office, Respondent
Stephen T. Mitchell
Stephen T. Mitchell — Petitioner