Dizak v. McAuliffe, No. 1:2016cv00314 - Document 30 (W.D.N.Y. 2017)
Court Description: DECISION AND ORDER denying petitioner's 17 Motion for Reconsideration; FURTHER, Grounds One, Three, and Four of the petition are dismissed as time barred and the petition is denied in all respects; FURTHER, petitioner's 29 motion for an evidentiary hearing and to appoint counsel is denied; FURTHER, that a certificate of appealability is denied; FURTHER, that leave to appeal in forma pauperis is denied. The Clerk of Court is directed to close this case. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 5/10/2017. (Attachments: # 1 Transcript Page 518) (Chambers mailed a copy of this Decision and Order to petitioner). (CMD)-CLERK TO FOLLOW UP-
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Dizak v. McAuliffe Doc. 30 Att. 1 PEOPLE -VS- STUART DIZAK 518 1 the verdict. 2 who would express a response to the verdict, to 3 the jury's decision, I would ask that you step 4 out so that does not occur in the presence of the 5 jury. 6 expression or outburst. 7 outside, that's fine. 8 somewhat emotional for some people. 9 to wait outside I would ask our deputy to let If there is anyone in the courtroom The deputy will remove you if there is any I understand this may be Okay. 11 We are all set. 13 COURT DEPUTY: 14 THE COURT: 1/1 a: w IC w Ul < ..J g , :::; a: 0 The alternates, as well? Yes. Let them hear the verdict. 15 IC UI d. Bring the jury out and we will receive the verdict. 12 ... If you prefer you know the verdict right away. 10 ::. If you prefer to wait 16 (WHEREUPON THE JURY ENTERED THE COURTROOM AT APPROXIMATELY 17 1: 35 PM) 18 THE COURT: Ladies and gentlemen, you may We are just going to wait for the 19 be seated. 20 alternates so they can participate in the verdict. 21 I assume they are on their way. LL 22 (WHEREUPON THE ALTERNATE JURORS ENTERED·THE COURTROOM AT 23 APPROXIMATELY 1:35 PM) 24 25 THE COURT: The alternates have joined us so they may also hear the verdict. Go ahead. Dockets.Justia.com
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