Supreme Court of the United States · Official docket →
Daniel Barletta v. Kevin McCarthy, Superintendent, Elmira Correctional Facility
IFP petition · United States Court of Appeals for the Second Circuit, No. 25-2748 · judgment February 25, 2026
Question presented
Whether the Second Circuit, in this murder case, clearly misapplied the standard set by this Court for allowing a Certificate of Appealability when it used a purely merits-based standard to deny review of (1) a categorical denial of the Right to Present a Defense, (2) a fundamental misconception and misapplication of the “independent and adequate state bar” doctrine, and (3) the unconstitutional denial of de novo review by the Article III judge of a Magistrate Judge’s recommendation – when all of these rulings were more than, as described in Buck v. Davis, 580 U.S. 100 (2017), “reasonably debatable.”
Counsel of record
For petitioner
Mark John Mahoney
Harrington & Mahoney
For respondent
Kirsten A Rappleyea
Dutchess County District Attorney's Office
Case
Conference history
Distributed for 1 conference
Proceedings
- Aug 20 2026DISTRIBUTED for Conference of 9/28/2026.
- Aug 17 2026Waiver of right of respondent Superintendent Kevin McCarthy, Elmira Correctional Facility to respond filed.
- May 26 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 11, 2026)