No. 21-5729

Frank R. Stevenson v. New York

Lower Court: New York
Docketed: 2021-09-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review confrontation-clause due-process federal-law habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment state-court-appeals writ-of-error-coram-nobis
Latest Conference: 2021-11-05
Question Presented (from Petition)

Whether the New York Court of Appeals precedential case, on confrontation violation claims, is contrary to clearly established federal law, as established by this Court, rendering, as it follows, the New York Supreme Court, Appellate Division: Second Department's determination, in denying Petitioner's application for a writ of error coram nobis, that he was not deprived of his right to confrontation, as guaranteed under the Confrontation Clause, provided by the Sixth Amendment of the United States Constitution, contrary to clearly established federal law, as established by this Court, and or unreasonable in light of the facts presented. And;

Whether the New York Court of Appeals precedential case, on ineffective assistance of appellate counsel claims, is contrary to clearly established federal law, as established by this Court, for not adopting a "comparison" element when such claims are under review, rendering, as it follows, the New York Supreme Court, Appellate Division: Second Department's determination, in denying Petitioner's application for a writ of error coram nobis, that he was not deprived of his right to the effective assistance of appellate counsel, as guaranteed under the Sixth Amendment of the United States Constitution, contrary to clearly established federal law, as established by this Court, and or unreasonable in light of the facts presented.

Question Presented (AI Summary)

Whether the New York Court of Appeals precedential case, on confrontation violation claims, is contrary to clearly established federal law

Docket Entries

2021-11-08
Petition DENIED.
2021-10-21
DISTRIBUTED for Conference of 11/5/2021.
2021-10-14
Waiver of right of respondent New York to respond filed.
2021-09-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 22, 2021)

Attorneys

Frank R. Stevenson
Frank R. Stevenson — Petitioner
New York
Leonard JobloveKings County District Attorney's Office, Respondent