A New York appeals court issued a split decision in a habeas corpus case where the defendant remained in custody even though he completed his prison sentence.

Tagged with: Habeas Corpus Third Department

U.S. Court of Appeals for the Second Circuit Habeas Corpus Ineffective Appellate Counsel – Proper Standard Lynch v. Superintendent Dolce 14-1675-pr Judges Leval, Lynch and Droney Background: The petitioner appealed from the denial of his petition for a writ of ...

Tagged with: Habeas Corpus u.s. court of appeals for the second circuit

U.S. Court of Appeals for the Second Circuit – Habeas Corpus – Unreasonable Application – Ineffective Assistance of Counsel   Rivas v. Fischer 13-2974-pr Judges Cabranes, Pooler and Sack   Background: The petitioner appealed from a judgment that denied his ...

Tagged with: Habeas Corpus u.s. court of appeals for the second circuit

Appellate Division, Fourth Department – Habeas Corpus – Conversion of Action People ex rel. Walker v. Dolce KAH 13–01517 Background: The petitioner, a state inmate, brought a habeas corpus proceeding, seeking his release from imprisonment. Ruling: Order dismissing petition affirmed. ...

Tagged with: Appellate Division Fourth Department Habeas Corpus

Appellate Division, Fourth Department – Habeas Corpus – Non-Human Primates   Matter of the Nonhuman Rights Project Inc. v. Presti CA 14-00357 Appealed from Niagara County Court   Background: Trial court dismissed the petition under a writ of habeas corpus ...

Tagged with: Appellate Division Fourth Department Habeas Corpus

Appellate Division, Fourth Department –  Habeas Corpus –  Parole Revocation – Notice of Revocation   People of the State of New York ex rel. v. Bradt KAH 14-00402 Appealed from Supreme Court, Wyoming County   Background: The petitioner appealed from ...

Tagged with: Appellate Division Fourth Department Habeas Corpus

Appellate Division, Fourth Department – Habeas Corpus – Parole Violation – Indeterminate Sentence – Interruption   State of New York ex rel. v. Fischer KAH 13-01905 Appealed from Supreme Court, Livingston County   Background: The respondents appealed from a judgment granting ...

Tagged with: Appellate Division Fourth Department Habeas Corpus

U.S. Court of Appeals for the Second Circuit Habeas Corpus Confrontation Clause — Cross-examination Alvarez v. Ercole 13-2828-pr Judges Jacobs, Calabresi and Livingston Background: The respondent appealed from a decision to grant the petitioner a writ of habeas corpus as ...

Tagged with: Habeas Corpus u.s. court of appeals for the second circuit

U.S. Court of Appeals for the Second Circuit Habeas Corpus ‘Miranda’ — Child Protective Case Worker Jackson v. Conway 11-922-pr(L) Judges Parker, Hall and Wallace Background: The parties appealed from the grant of the petitioner’s habeas corpus application. The petitioner ...

Tagged with: Habeas Corpus u.s. court of appeals for the second circuit

U.S. District Court, WDNY Habeas Corpus Stay of Proceedings — Exhaustion of Remedies Carr v. Graham 13-CV-0623(DGL) Judge Larimer Background: The petitioner was convicted after a jury trial of attempted murder in the second degree and three counts of criminal ...

Tagged with: Habeas Corpus U.S. District Court WDNY

Appellate Division, Fourth Department   Habeas Corpus Irregularity or Defect in Commitment Order Mills v. Lempke KAH 11-01845 Appealed from Supreme Court, Seneca County Background: The petitioner appealed from the denial of his habeas corpus petition. He argued that the court ...

Tagged with: Appellate Division Fourth Department Habeas Corpus

Appellate Division, Fourth Department Habeas Corpus Unrevoked Presumptive Release/Parole — Qualifying Drug Felonies Williams v. Kirkpatrick KAH 12-01771 Appealed from Supreme Court, Erie County Background: The petitioner commenced a habeas corpus proceeding alleging he is entitled to immediate release from ...

Tagged with: Appellate Division Fourth Department Habeas Corpus