No. 18-8121

Edward Harrison v. Thomas Griffin, Superintendent, Green Haven Correctional Facility

Lower Court: Second Circuit
Docketed: 2019-02-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-violation criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-allocution plea-consolidation statutory-time-limit statutory-violation time-enhancement
Latest Conference: 2019-04-18
Question Presented (from Petition)

Can CPL 180.30 exceed the 122hrs., or the 144hrs. (144hrs. pertains to weekends, and holidays) without extenuating, or an extension?

When CPL 160.00 exceeds the time is that a due process violation?

If no oral, or written motion is made can the indictment (s) be consolidated?

When CPL 400.16 is not adhere to is it a statutory violation, or a constitutional violation?

If Petitioner/Defendant does not receive the persistent statement, or notice does the persistent sentence become invalid?

If a conviction used for time enhancement (Collateral Consequences) is not completed (Missing Plea Allocution Minutes) can it be used for time enhancement?

If Petitioner/Defendant counsel admits to not making sure s/he receives persistent statement, or persistent notice is that ineffective assistance of counsel?

When counsel does not investigates as required by CPL 400.16 is that ineffective assistance of counsel?

When two (2) sentences merge are they counted as one (1) for time enhancement purposes?

What constitutes a due process violation?

Question Presented (AI Summary)

Question not identified

Docket Entries

2019-04-22
Petition DENIED.
2019-04-03
DISTRIBUTED for Conference of 4/18/2019.
2019-03-18
Waiver of right of respondent Thomas Griffin to respond filed.
2018-02-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 27, 2019)

Attorneys

Edward Harrison
Edward Harrison — Petitioner
Thomas Griffin
Alexander FumelliRichmond County District Attorney, Respondent