Supreme Court of the United States · Official docket →
Richard Bacquie v. New York
Paid petition · Appellate Division, Supreme Court of New York, Second Judicial Department, No. 2016-08051 · judgment October 4, 2017
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Whether an attorney who violates the advocatewitness rule by placing themselves in a position where they are the sole witness for exculpatory information which establishes a defense, but fails to move to withdraw as counsel or to present that exculpatory evidence to the jury, renders effective assistance of counsel under the Sixth Amendment?
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Whether the Sixth Amendment’s speedy trial guarantee permits the prosecution to impose a threeyear delay in bringing a garden-variety, non-complex street crime felony case to trial where the delay actually prejudices the defendant?
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Whether a prosecutor who repeatedly shifts the burden of proof to the defendant, despite being repeatedly told to refrain from such conduct by the trial court, repeatedly injects their personal beliefs as to a defendant’s guilt, and improperly cross-examines a defendant and defense witnesses to elicit whether prosecution witnesses were lying, violates a defendant’s Due Process right to a fundamentally fair trial?
Counsel of record
For petitioner
Patrick Michael Megaro
Halscott Megaro, P.A.
For respondent
John M. Castellano
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 01 2018Petition DENIED.
- Jun 27 2018DISTRIBUTED for Conference of 9/24/2018.
- May 23 2018Waiver of right of respondent New York to respond filed.
- May 15 2018Petition for a writ of certiorari filed. (Response due June 21, 2018)