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Richard Bacquie v. New York

Paid petition · Appellate Division, Supreme Court of New York, Second Judicial Department, No. 2016-08051 · judgment October 4, 2017


Certiorari denied · October 1, 2018
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. 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?

  2. 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?

  3. 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

  1. Oct 01 2018
    Petition DENIED.
  2. Jun 27 2018
    DISTRIBUTED for Conference of 9/24/2018.
  3. May 23 2018
    Waiver of right of respondent New York to respond filed.
  4. May 15 2018
    Petition for a writ of certiorari filed. (Response due June 21, 2018)