No. 25-5616

Andrew Caballero v. Marlyn Kopp, Superintendent, Sing Sing Correctional Facility

Lower Court: Second Circuit
Docketed: 2025-09-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: None
Key Terms:
HabeasCorpus Punishment
Latest Conference: 2025-11-07
Question Presented (AI Summary)

Question not identified.

Question Presented (OCR Extract)

1. Whether the Second Circuit erred in requiring Petitioner to present concrete evidence that trial counsel failed to introduce, in order to establish prejudice under Strickland v. Washington, 466 U.S. 668 (1984), where prejudice arises from counsel’s cumulative errors, including failure to investigate witnesses or an alternative suspect identified by those witnesses. 2. Whether the Second Circuit erred in refusing to apply the presumption of prejudice required under Strickland , where appellate counsel labored under an actual conflict of interest as second -chair trial counsel.

Docket Entries

2025-11-10
Petition DENIED.
2025-10-09
DISTRIBUTED for Conference of 11/7/2025.
2025-10-03
Waiver of Kopp, Supt. of right to respond submitted.
2025-10-03
Waiver of right of respondent Marlyn Kopp to respond filed.
2025-09-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 14, 2025)

Attorneys

Andrew Caballero
Sarah KunstlerLaw Office of Sarah Kunstler, Petitioner
Sarah KunstlerLaw Office of Sarah Kunstler, Petitioner
Kopp, Supt.
Johnnette TraillDistrict Attorney's Office, Respondent
Johnnette TraillDistrict Attorney's Office, Respondent
Marlyn Kopp
Danielle M. O' BoyleQueens County District Attorney's Office, Respondent
Danielle M. O' BoyleQueens County District Attorney's Office, Respondent