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

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.

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.