Ellis Wood v. Robert Ercole, No. 09-2905 (2d Cir. 2011)
Annotate this CaseDefendant appealed a judgment denying his petition for a writ of habeas corpus where defendant was convicted of Murder in the First Degree for hiring one individual to kill another individual. At issue was whether the trial court erred in admitting a videotaped statement defendant made while in police custody. The court held that the statement was erroneously admitted in violation of defendant's Fifth and Fourteenth Amendment right to counsel where defendant had invoked his right to counsel before making the statements on videotape. The court also held that the error was not harmless where it had a substantial and injurious effect on the jury's verdict. Therefore, the court reversed the judgment and remanded with instructions to grant the writ.
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