Jackson v. Conway, No. 11-922 (2d Cir. 2014)Annotate this Case
The state appealed the magistrate judge's grant of habeas corpus relief and petitioner, convicted of repeatedly raping his wife, ex-wife, and daughter, cross-appealed those portions of the decision adverse to him. The court agreed with the magistrate judge that the Fourth Department's rejection of petitioner's Miranda claim constituted an objectively unreasonable application of Supreme Court precedent. The court held that the admission of petitioner's statements had a substantial and injurious effect or influence on the jury's verdict as to the count's involving the daughter. Therefore, the court affirmed the judgment of the district court insofar as it: (1) granted petitioner habeas relief on his Miranda claim as to the counts of conviction involving the daughter; and (2) denied petitioner's ineffective assistance of counsel claims premised on counsel's failure to conduct an adequate pretrial investigation and introduce the laboratory reports and DNA tests at trial. The court affirmed in part and reversed in part.