No. 24-5935

Edward Greeman v. Edward Burnett, Superintendent, Fishkill Correctional Facility

Lower Court: Second Circuit
Docketed: 2024-11-07
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: brady-violation due-process habeas-corpus judicial-misconduct sixth-amendment warrantless-arrest
Latest Conference: 2025-03-07 (distributed 2 times)
Question Presented (from Petition)

1. Whether the arrest was warrantless and if the arresting officers had jurisdiction to execute an arrest. [Point 1. of my §2254 habeas petition.] A Sixth Amend. U.S. Const. violation.

2. Whether the District Attorney withheld exculpable evidence from the Grand Jury, committing a Brady v. Maryland, 373 U.S. 83(1963), violation. [Point 4. of my §2254 habeas petition.] See U.S. v. Bagley, S.Ct. 473 U.S. 667.

3. Whether the evidence presented for the CPOFI in the 2° were legally sufficient to satisfy charges. [Point 3. of my §2254 habeas petition.]

4. Whether the District Attorney exceeded the maximum time it had to prosecute the case under CPL§ 30.30. [Point 2 of my §2254 habeas petition.] and consequently, violated my Sixth Amend. Right to a speedy trial.

5. Whether the U.S.D.C. Southern District and the C.o.A. 2nd. Circuit violated the exempt from procedural default rule pursuant to 28 U.S.C.A.§ 2254(a). [Pt. 1&2 above].

6. Whether my direct appeal, from a criminal conviction presented one or more "not plainly frivolous" issues entitling me, despite my indigence, to have my appeal reviewed and determined on the merits by the Court of Appeals — particularly in the light of the standards set forth by this Court in Ellis v. United States, 356 U.S. 674, and related cases.

7. Whether the Court of Appeals' refusal to determine my appeal on the merits constitutes an unconstitutional (Under the Due Process Clause) or an unlawful or an otherwise improper denial of justice or discrimination against indigent persons — particularly when the issues presented by my appeal are issues of a type which clearly would be reviewed and determined by the Court of Appeals on the merits in a comparable case presented by a nonindigent appellant.

8. Whether the Judicial Council, by rejecting my petition for review of the Chief Judge's Order, dismissing my complaints against D.J.(A.S.) and M.J.(KHP), by 'rubber-stamping' the decision, and refusing to issue an Order pursuant to Rule 19(c) and (e) of the rules for Judicial Misconduct and Disability, was unconstitutional.

9. Whether the D.J.(A.S.), by discarding the M.J.(KHP)'s R&R and denying my habeas petition violated rule 28 U.S.C.A. § 636(c)(4) of the Rules for F.R.C.P. 8.

10. Whether the Chief Judge, (D.A.L.), by acknowledging that the D.J.(A.S.), "erred by dismissing my habeas petition", but dismissed my judicial misconduct complaint, abused her discretion — particularly in the light of the standards set forth by this Court in Haines v. Kerner 404 U.S. 519, 520-21 and related cases, was a constitutional violation.

11. Whether the evidence procured from the warrantless arrest should have been suppressed in violation of the Due Process Clause pursuant to the Fourteenth Amend. of the U.S. Const.

12.

Question Presented (AI Summary)

Whether the warrantless arrest violated due process and whether exculpatory evidence was withheld from the Grand Jury

Docket Entries

2025-03-10
Rehearing DENIED.
2025-02-19
DISTRIBUTED for Conference of 3/7/2025.
2024-12-26
Petition for Rehearing filed.
2024-12-16
Petition DENIED.
2024-11-27
DISTRIBUTED for Conference of 12/13/2024.
2024-11-13
Waiver of right of respondent Edward Burnett, Superintendent, Fishkill Correctional Facility to respond filed.
2024-08-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 9, 2024)
2024-07-31
Application (24A114) granted by Justice Sotomayor extending the time to file until November 25, 2024.
2024-07-19
Application (24A114) to extend the time to file a petition for a writ of certiorari from September 26, 2024 to November 25, 2024, submitted to Justice Sotomayor.

Attorneys

Edward Burnett, Superintendent, Fishkill Correctional Facility
Priscilla StewardOffice of the New York State Attorney General, Respondent
Edward Greeman
Edward Greeman — Petitioner