No. 20-5973

Efrain Santos v. Stewart Eckert, Superintendent, Wende Correctional Facility

Lower Court: Second Circuit
Docketed: 2020-10-09
Status: Denied
Type: IFP
IFP
Tags: certificate-of-appealability due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct second-circuit sixth-amendment
Key Terms:
DueProcess
Latest Conference: 2020-12-11
Question Presented (from Petition)

1. Whether the U.S. Court of Appeals for the Second Circuit erred
in refusing to grant petitioner a COA to appeal from a judgment of
the District Court denying Federal Habeas relief?

2. Whether a Fourteenth Amend, due process claim of prosecutorial-
misconduct can be predicated on a prosecutor's prejudicial use of a
jigsaw puzzle (depicting a gun) to explain the "reasonable doubt"
standard (in a case involving a shooting) notwithstanding the lack
of Supreme Court precedant condemning the act?

3. Whether a Sixth Amend, claim of Ineffective Assistance of trial
counsel can be predicated upon an attorney's failure to object (on
basis of state law grounds) to prosecutorial misconduct in a state
court proceeding* although the instances of prosecutorial conduct
itself, are insufficient to establish a due process violation under
the Federal Constitution?

Question Presented (AI Summary)

Whether the U.S. Court of Appeals for the Second Circuit erred in refusing to grant petitioner a COA to appeal from a judgment of the District Court denying Federal Habeas relief?

Docket Entries

2020-12-14
Petition DENIED.
2020-11-25
DISTRIBUTED for Conference of 12/11/2020.
2020-09-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 9, 2020)

Attorneys

Efrain Santos
Efrain Santos — Petitioner