Freeman v. Kadien, No. 11-353 (2d Cir. 2012)Annotate this Case
Freeman was convicted in New York of second-degree assault, second-degree vehicular assault, common law driving while intoxicated, and leaving the scene of an accident. He filed a petition for habeas corpus, arguing that the state court unreasonably applied clearly established federal law in identifying as harmless the erroneous admission of evidence obtained from a blood draw compelled pursuant to a warrant found invalid under state law. The Second Circuit affirmed denial. The challenged harmlessness determination regarding an error of state law was itself a decision of state law that cannot form the basis for federal habeas relief.