Young v. Conway, No. 11-830 (2d Cir. 2012)Annotate this Case
The State of New York appealed from the district court's grant of defendant's petition for a writ of habeas corpus, vacating his convictions for robbery and burglary, and barring the State from retrying him. The state argued that, because defendant has a full and fair opportunity to litigate his Fourth Amendment claim in state court, federal habeas relief was not available. Because the State failed to raise this non-jurisdictional argument in the district court, the court declined in the exercise of its discretion to consider it for the first time on appeal. The court agreed with the district court that the state court's determination that the victim's in-court identification derived from a source independent of a tainted lineup constituted an unreasonable application of, and was contrary to, clearly established Supreme Court law. Finally, although the court concluded that the in-court identification substantially and injuriously influenced the jury's deliberations, and while the court shared the district court's doubt whether the circumstantial evidence was legally sufficient to convict defendant without it, such doubt must be resolved if at all by the state court. Accordingly, the court vacated that portion of the district court's judgment barring the State from retrying defendant, but affirmed its vacatur of defendant's convictions.
The court issued a subsequent related opinion or order on April 23, 2013.