Habeas Corpus: Darden v. Conway

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U.S. District Court, WDNY
‘Habeas Corpus’

Ineffective Assistance
— Jury Instructions
Darden v. Conway
10-cv-0570(MAT)
Judge Telesca

Background: The pro se petitioner challenged the constitutionality of his detention alleging that his trial counsel was ineffective in failing to request that the trial court charge the jury on the use of excessive force as it relates to the defense of justification. The petitioner was incarcerated as the result of being convicted on a charge of intentional murder in Monroe County after firing three fatal shots at the victim.

Ruling: The court dismissed the petitioner’s habeas petition. The court found that, assuming arguendo, that the petitioner’s requested jury charge was warranted, there was no reasonable possibility that the outcome of the petitioner’s trial would have been more favorable. That is because there was no reasonable view of the evidence permitting the jury to find that the victim was not alive at the time the third gunshot was fired. The medical evidence established at trial could not determine which gunshot wound killed the victim.

Rashad Darden, pro se; Stephen X. O’Brien of the Monroe County District Attorney’s Office for the defendant