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Woojin Cho v. New York

Paid petition · Supreme Court of New York, Appellate Term, First Judicial Department, No. 570516/22 · judgment July 3, 2023


Certiorari denied · March 25, 2024
Pre-decision estimate: 1% cert probability

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

Question presented

I. Is it constitutional error for a prosecutor in summation to express her personal belief that the defendant lied on the stand? II. In reviewing summation misconduct for harmless error, is reversal required where there is any “reasonable possibility” that the constitutional error “might have contributed to the conviction?”

Counsel of record

For petitioner
Zachary Alexander Margulis-Ohnuma
ZMO Law PLLC

For respondent
Vincent Woodrow Rivellese
Bronx County District Attorney's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 25 2024
    Petition DENIED.
  2. Mar 06 2024
    DISTRIBUTED for Conference of 3/22/2024.
  3. Feb 29 2024
    Waiver of right of respondent New York to respond filed.
  4. Feb 20 2024
    Petition for a writ of certiorari filed. (Response due March 25, 2024)