No. 19-7765
William Reyes v. Robert Ercole, Superintendent, Green Haven Correctional Facility
Response WaivedIFP
Tags: 2254 conviction criminal-procedure due-process fair-trial habeas-corpus perjury prosecutorial-misconduct reasonable-likelihood section-2254 witness-testimony
Latest Conference:
2020-03-27
Question Presented (from Petition)
Is a defendant deprived of his right to due process of law when he would not have been convicted had perjury not been introduced at his trial?
The question presented is whether a conviction that was obtained based on perjury violates due process, even absent a showing that the prosecution knew or should have known that the testimony was false.
Question Presented (AI Summary)
Is a defendant deprived of his right to due process of law when he would not have been convicted had perjury not been introduced at his trial?
Docket Entries
2020-03-30
Petition DENIED.
2020-03-12
DISTRIBUTED for Conference of 3/27/2020.
2020-03-10
Waiver of right of respondent Robert Ercole to respond filed.
2020-02-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 26, 2020)
Attorneys
Robert Ercole
Lisa Ellen Fleischmann — NYS Attorney General's Office, Respondent
William Reyes
Stephanie Carvlin — Stephanie Carvlin, Petitioner