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Derrick Lloyd v. Robert Morton

IFP petition · United States Court of Appeals for the Second Circuit, No. 23-357 · judgment September 23, 2024


Certiorari denied · October 6, 2025

Question presented

Whether Certiorari should be granted to resolve a conflict between the Court of Appeals Second Circuit and the United States District Court, Eastern District of N.Y. related to New York State preservation requirement C.P.L. 470.05(2). And 470.15 4 Appellate law. And whether the district court erroneously overlooked petitioner's "alternative" claim raised on direct appeal that trial counsel was ineffective for failure to object properly, citing federal source/standard under Strickland, 104 S.Ct. 2052 (1984); 28 U.S.C. 2254 (b) (1), yet counsel objected in advance, to witness's illegal impeachment and threat testimony. Whether irrelevant highly prejudicial injection of race a denial of due process infecting the fundamental fairness of the trial as contrary to, and an unreasonable application of federal law, was overcome by overwhelming evidence, "Holdings."

Counsel of record

For petitioner
Derrick Lloyd

For respondent
Leonard Joblove
Kings County District Attorney's Office

Case

Conference history
Distributed for 1 conference

Linked docket
24A1058

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Aug 21 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Aug 15 2025
    Waiver of right of respondent Robert Morton to respond filed.
  4. Jun 25 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 10, 2025)
  5. May 02 2025
    Application (24A1058) granted by Justice Sotomayor extending the time to file until June 30, 2025.
  6. Apr 18 2025
    Application (24A1058) to extend the time to file a petition for a writ of certiorari from April 29, 2025 to June 28, 2025, submitted to Justice Sotomayor.