Carmichael v. Chappius, No. 1:2014cv10012 - Document 61 (S.D.N.Y. 2019)
Court Description: OPINION AND ORDER re: 58 MOTION for Certificate of Appealability filed by Brian Carmichael. On September 13, 2018, the Court issued an Order in this case denying Mr. Carmichael's petition for a writ of habeas corpus. (Dkt. # 55). On October 11, 2018, Mr. Carmichael filed a notice of appeal and a motion for certificate of appealability. (Dkt. #57-59). Respondent filed an opposition to the motion on October 31, 2018. (Dkt. #6). In his motion, Mr. Carmichael argues that the Court should grant a certificate of appealability for the Second Circuit to review this Court's findings that (i) there was a reasonable basis for the state court's analysis that Batson errors are not structural, and (ii) trial couns el's failure to present available arguments that the prosecution was striking Black prospective jurors based upon their race did not constitute ineffective assistance under Strickland's performance prong. The Court has reviewed the parties' submissions, and GRANTS Petitioner's motion on both issues. SO ORDERED. (Signed by Judge Katherine Polk Failla on 1/31/2019) (rro)
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Carmichael v. Chappius UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------X : BRIAN CARMICHAEL, : : Petitioner, : : v. : : PAUL CHAPPIUS, : : Respondent. : : ----------------------------------------------------- X Doc. 61 14 Civ. 10012 (KPF)(AJP) OPINION AND ORDER KATHERINE POLK FAILLA, District Judge: On September 13, 2018, the Court issued an Order in this case denying Mr. Carmichael’s petition for a writ of habeas corpus. (Dkt. #55). On October 11, 2018, Mr. Carmichael filed a notice of appeal and a motion for certificate of appealability. (Dkt. #57-59). Respondent filed an opposition to the motion on October 31, 2018. (Dkt. #6). In his motion, Mr. Carmichael argues that the Court should grant a certificate of appealability for the Second Circuit to review this Court’s findings that (i) there was a reasonable basis for the state court’s analysis that Batson errors are not structural, and (ii) trial counsel’s failure to present available arguments that the prosecution was striking Black prospective jurors based upon their race did not constitute ineffective assistance under Strickland’s performance prong. The Court has reviewed the parties' submissions, and GRANTS Petitioner’s motion on both issues. Dockets.Justia.com SO ORDERED. Dated: January 31, 2019 New York, New York __________________________________ KATHERINE POLK FAILLA United States District Judge 2
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