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

Paid petition · United States Court of Appeals for the Second Circuit, No. 20-1796 · judgment June 11, 2021


Certiorari denied · February 22, 2022
Pre-decision estimate: 8% cert probability (95% interval 5%–12%)

Before the decision, about 1.9× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Second Circuit decision below, and a petition citing three to ten dissents.

Questions presented

  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.

  2. 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.

Counsel of record

For petitioner
Nancy Darragh Killian
Bronx District Atty.'s Office

For respondent
Matthew Joseph Bova
Center for Appellate Litigation

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, February 22, 2022 · Certiorari denied

Proceedings

  1. Feb 22 2022
    Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
  2. Feb 22 2022
    Petition DENIED.
  3. Jan 19 2022
    DISTRIBUTED for Conference of 2/18/2022.
  4. Jan 14 2022
    Reply of petitioner William Lee filed. (Distributed)
  5. Jan 03 2022
    Brief of respondent James Garlick in opposition filed.
  6. Jan 03 2022
    Motion for leave to proceed in forma pauperis filed by respondent James Garlick.
  7. Nov 16 2021
    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
  8. Nov 15 2021
    Motion to extend the time to file a response from December 1, 2021 to December 31, 2021, submitted to The Clerk.
  9. Oct 28 2021
    Petition for a writ of certiorari filed. (Response due December 1, 2021)