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

IFP petition · United States Court of Appeals for the Second Circuit, No. 20-3517 · judgment March 11, 2021


Certiorari denied · October 4, 2021

Questions presented

  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 i 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?

Counsel of record

For petitioner
Timothy Brewer

For respondent
Jodi Ann Danzig
Office of the New York State Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Jul 08 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jul 01 2021
    Waiver of right of respondent Eckert, Supt., Wende to respond filed.
  4. Jun 08 2021
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 15, 2021)