No. 21-637

William Lee, Superintendent, Eastern Correctional Facility v. James Garlick

Lower Court: Second Circuit
Docketed: 2021-11-01
Status: Denied
Type: Paid
Tags: autopsy-report confrontation-clause deference habeas-corpus harmless-error testimonial
Latest Conference: 2022-02-18
Question Presented (from Petition)

1. In granting habeas corpus relief to a state court prisoner, did the Second Circuit create a circuit split and deny the state court judgment the deference mandated by 28 U.S.C. §2254(d)(1) when it relied on a test that was not clearly established by this Court's precedents to determine that an autopsy report was testimonial under the Confrontation Clause?

2. Whether the Second Circuit violated Yarborough v. Alvarado (541 U.S. 652 (2004)) by applying an overly specific "unreasonable application" analysis.

3. Whether the Second Circuit violated the harmless error standard in Brecht v. Abrahamson (507 U.S. 619 (1993)) in ruling that the admission of the autopsy report was not harmless despite (a) uncertainty as to whether the report was admissible to form the basis of an in-court expert opinion, and (b) overwhelming evidence of guilt including surveillance video of Garlick stabbing the victim to death.

Question Presented (AI Summary)

Whether the Second Circuit created a circuit split and denied the state court judgment the deference mandated by 28-U.S.C-2254(d)(1) in granting habeas-corpus-relief

Docket Entries

2022-02-22
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
2022-02-22
Petition DENIED.
2022-01-19
DISTRIBUTED for Conference of 2/18/2022.
2022-01-14
Reply of petitioner William Lee filed. (Distributed)
2022-01-03
Brief of respondent James Garlick in opposition filed.
2022-01-03
Motion for leave to proceed in forma pauperis filed by respondent James Garlick.
2021-11-16
Motion to extend the time to file a response is granted and the time is extended to and including January 3, 2022. See Rule 30.1
2021-11-15
Motion to extend the time to file a response from December 1, 2021 to December 31, 2021, submitted to The Clerk.
2021-10-28
Petition for a writ of certiorari filed. (Response due December 1, 2021)

Attorneys

James Garlick
Matthew Joseph BovaCenter for Appellate Litigation, Respondent
William Lee
Nancy Darragh KillianBronx District Atty.'s Office, Petitioner