NY Daily Record Since 1908

U.S. District Court, WDNY ‘Habeas’ Relief Ineffective Assistance — Procedural Default Agee v. Brandt 10-cv-0630T Judge Telesca Background: The petitioner filed for a writ of habeas corpus challenging his custody following a judgment convicting him of assault in the first ...

Tagged with: U.S. District Court WDNY ‘Habeas’ Relief

U.S. District Court, WDNY First Amendment Political Speech — Legislative Immunity Olma v. Collins et al. 11-cv-61A Judge Acara Background: The plaintiff alleged that the defendants violated his First and Fourteenth Amendment rights to political speech and association by firing ...

Tagged with: First Amendment U.S. District Court WDNY

U.S. District Court, WDNY Discrimination Retaliation McIntosh v. Bank of America 06-cv-708 Judge Curtin Background: The plaintiff brought the action alleging that the defendant failed to promote her and failed to provide her with reasonable accommodations so that she could ...

Tagged with: discrimination retaliation U.S. District Court WDNY

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 ...

Tagged with: ineffective assistance U.S. District Court WDNY ‘Habeas Corpus’

U.S. District Court, WDNY Insurance Coverage Notice of Occurrence One Beacon Insurance Company v. Freundschuh d/b/a Bobcat of Buffalo et al. 08-cv-823 Judge Curtin Background: The plaintiff insurance company sought a declaratory judgment to determine the rights and obligations of ...

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‘Habeas Corpus’ Scope of Federal Review — Confrontation Clause Ridgeway v. Conway 10-cv-6037 (MAT) Judge Telesca Background: The petitioner filed a pro se writ of habeas corpus challenging the constitutionality of his detention as a result of his conviction, following ...

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U.S. District Court, WDNY Prisoner Litigation Retaliation Medina v. Skowron, et al. 08-cv-6561L Judge Larimer Background: The plaintiff, a prisoner in custody of the New York State Department of Correctional Services, commenced a civil rights action alleging claims related to ...

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U.S. District Court, WDNY Municipal Liability Retaliation — Intentional Infliction of Emotional Distress Missel v. County of Monroe, et al. 10-CV-6380 Judge Telesca Background: The plaintiff brought the action against the defendants claiming that the defendant deputies had engaged in ...

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U.S. District Court, WDNY Prisoner Rights Due Process Colantuono v. S. Hockeborn 10-CV-6446L Judge Larimer Background: The plaintiff, a former inmate of the Elmira Correctional Facility, commenced the action alleging a number of civil rights violations that stemmed from a ...

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U.S. District Court, WDNY Class Action Settlement Attorney’s Fees Odom v. Hazen Transport Inc. 10-CV-6304T Judge Payson Background: The plaintiffs instituted a class action that alleged that the defendant failed to pay the appropriate overtime wages and improperly deducted moneys from ...

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U.S. District Court, WDNY Immigration Order of Removal — ‘Habeas’ Relief Achouatte v. Holder 10-cv-6203 Judge Telesca Background: The petitioner was declared an alien under a final immigration order of removal. He filed a petition for a writ of habeas ...

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U.S. District Court, WDNY ‘Habeas’ Relief Jury Instructions — Insufficient Evidence Freeman v. Conway 09-CV-6326 Judge Telesca Background: The petitioner sought review of his jury conviction of third-degree burglary. The petitioner alleged that his conviction was not supported by the ...

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