No. 20-8314

Timothy Brewer v. Stewart Eckert, Superintendent, Wende Correctional Facility

Lower Court: Second Circuit
Docketed: 2021-06-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability child-psychology constitutional-rights evidence fair-trial habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct
Latest Conference: 2021-09-27
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 the lower court unreasonable applied Strickland's
performance prong in context of this case, by simply speculating
on what counsel's rationale may have been, without developing the
central.. & contested .factual issue(s) ... of whether ...counsel made
reasonable investigations or made a reasonable decision that made
the particular investigation unecessary?

3. Whether the state prosecutor's misrepresentation of a T-shirt,
which constituted a vital link in the evidence on which this
petitioner was convicted, violate the petitioner's constitutional
right to a fair trial, irrespective of state evidentiary rules
that allowed it?

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

2021-10-04
Petition DENIED.
2021-07-08
DISTRIBUTED for Conference of 9/27/2021.
2021-07-01
Waiver of right of respondent Eckert, Supt., Wende to respond filed.
2021-06-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 15, 2021)

Attorneys

Eckert, Supt., Wende
Jodi Ann DanzigOffice of the New York State Attorney General, Respondent
Timothy Brewer
Timothy Brewer — Petitioner