No. 25-5322

Derrick Lloyd v. Robert Morton

Lower Court: Second Circuit
Docketed: 2025-08-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review due-process ineffective-assistance race-testimony strickland-standard witness-impeachment
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Whether the district court erroneously overlooked petitioner's ineffective assistance of counsel claim and whether the injection of race-related testimony denied due process

Question Presented (OCR Extract)

Whether Certiorari should be granted to resolve a conflict between the Court of Appeals Second Circuit and the United States District Court, Eastern District of N.Y. related to New York State preservation requirement C.P.L. 470.05(2). And 470.15 [4](a) Appellate law. And whether the district court erroneously overlooked petitioner's "alternative" claim raised on direct appeal that trial counsel was ineffective for failure to object properly, citing federal source/standard under Strickland, 104 S.Ct. 2052 (1984); 28 U.S.C. 2254 (b) (1), yet counsel objected in advance, to witness's illegal impeachment and threat testimony. Whether irrelevant highly prejudicial injection of race a denial of due process infecting the fundamental fairness of the trial as contrary to, and an unreasonable application of federal law, was overcome by overwhelming evidence, "Holdings."

Docket Entries

2025-10-06
Petition DENIED.
2025-08-21
DISTRIBUTED for Conference of 9/29/2025.
2025-08-15
Waiver of right of respondent Robert Morton to respond filed.
2025-06-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 10, 2025)
2025-05-02
Application (24A1058) granted by Justice Sotomayor extending the time to file until June 30, 2025.
2025-04-18
Application (24A1058) to extend the time to file a petition for a writ of certiorari from April 29, 2025 to June 28, 2025, submitted to Justice Sotomayor.

Attorneys

Derrick Lloyd
Derrick Lloyd — Petitioner
Robert Morton
Leonard JobloveKings County District Attorney's Office, Respondent