No. 18-1273

Alma Caldavado v. New York

Lower Court: New York
Docketed: 2019-04-05
Status: Denied
Type: Paid
Response Waived
Tags: constitutional-rights criminal-defense expert-testimony harrington-v-richter ineffective-assistance-of-counsel medical-evidence presumption-of-ineffective-assistance shaken-baby-syndrome strickland-standard strickland-v-washington
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-05-09
Question Presented (from Petition)

1. In an SBS prosecution, where defense counsel neither calls, nor consults with, an SBS expert to counter the prosecution's expert testimony on the "triad" findings of retinal hemorrhage, cerebral edema, and subdural hematoma, does such attorney's performance fall within the "rare" types of situations envisioned in Harrington v. Richter, 562 U.S. 86, 106 (2011) and Strickland v. Washington, 466 U.S. 668, 689 (1984) in which defense counsel can be found ineffective for failing to present counter expert testimony?; and

2. If so, where a defense attorney neither presents nor seeks such readily available counter-expert testimony demonstrating that a conviction based on the triad has become "unsustainable" since 1998, does a presumption of ineffective assistance of counsel arise under Strickland?

Question Presented (AI Summary)

Ineffective-assistance-of-counsel-for-failure-to-present-counter-expert-testimony-on-shaken-baby-syndrome

Docket Entries

2019-05-13
Petition DENIED.
2019-04-23
DISTRIBUTED for Conference of 5/9/2019.
2019-04-15
Waiver of right of respondent New York to respond filed.
2019-04-03
Petition for a writ of certiorari filed. (Response due May 6, 2019)

Attorneys

Alma Caldavado
Mark M. BakerBrafman & Associates, P.C., Petitioner
New York
John M. Castellano — Respondent