Duhs v. Capra
| Decision Date | 03 February 2015 |
| Docket Number | No. 13–CV–1056.,13–CV–1056. |
| Citation | 83 F.Supp.3d 435 |
| Parties | Michael DUHS, Petitioner, v. Michael CAPRA, Superintendent of Sing Sing Correctional Facility, Respondent. |
| Court | U.S. District Court — Eastern District of New York |
83 F.Supp.3d 435
Michael DUHS, Petitioner
v.
Michael CAPRA, Superintendent of Sing Sing Correctional Facility, Respondent.
No. 13–CV–1056.
United States District Court, E.D. New York.
Signed Feb. 3, 2015.
83 F.Supp.3d 438
Norman Trabulus, Law Office of Norman Trabulus, New York, NY, for Petitioner.
Anne Elizabeth Grady, Richmond County District Attorney's Office, Staten Island, NY, New York State Attorney General's Office, Richmond County District Attorney's Office, for Respondent.
MEMORANDUM, ORDER, AND JUDGMENT
JACK B. WEINSTEIN, Senior District Judge:
| Table of Contents |
|---|
| I. | Introduction | 439 |
| II. | Ripeness | 440 |
| III. | Facts | 440 |
| A. | The Bathtub: People's Exhibit 11 | 441 |
| B. | The Bathtub: People's Exhibit 12 | 442 |
| C. | The Bathtub: People's Exhibit 13 | 443 |
| D. | Admissibility and Competency Hearings | 447 |
| E. | Resident Dr. Gold's Testimony Relating Child's Declaration | 447 |
| F. | Jury Trial | 451 |
| IV. | Procedural History | 451 |
| A. | Grand Jury Indictment | 451 |
| B. | Jury Trial | 451 |
| C. | Appeal to Appellate Division | 452 |
| D. | Appeal to the New York State Court of Appeals | 452 |
| E. | Writ of Coram Nobis | 454 |
| F. | Denial of Appeal from Denial of Writ of Coram Nobis | 455 |
| G. | Federal Habeas Proceedings | 455 |
| V. | Standard of Review | 455 |
| A. | Deference to State Court | 455 |
| B. | “Contrary to” and “Unreasonable Application” | 456 |
| C. | “Clearly Established Federal Law” | 457 |
| D. | Harmless Error | 457 |
| VI. | Inadequate Assistance of Counsel | 457 |
| VII. | Confrontation Clause | 458 |
| A. | Law | 458 |
| 1. | As Analyzed by the State Courts | 458 |
| 2. | As Determined by the Supreme Court | 459 |
| a) | Ohio v. Roberts | 459 |
| b) | Crawford v. Washington | 459 |
| c) | Companion Cases: Davis v. Washington & Hammon v. Indiana | 460 |
| d) | Michigan v. Bryant | 460 |
| e) | Subsequent Supreme Court Cases | 462 |
| f) | As Analyzed by the Court of Appeals for the Second Circuit | 462 |
| g) | As Analyzed By Other Courts | 462 |
| 3. | Confrontation Rule in Present Case | 463 |
| a) | Context | 463 |
| b) | Combined Inquiry of Interrogator's and Declarant's Positions | 464 |
| (1) | Step One: The Declarant's Perspective | 464 |
| (2) | Step Two: The |
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5 cases
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Hamilton v. Lee
...application must also be unreasonable.” Williams, 529 U.S. at 411, 120 S.Ct. 1495 ; see also Duhs v. Capra, 13–CV–1056, 83 F.Supp.3d 435, 456–57, 2015 WL 428321, at *14 (E.D.N.Y. Feb. 3, 2015).“[F]ederal law, as determined by the Supreme Court, may as much be a generalized standard that mus......
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Constant v. Martuscello, 14–CV–1912.
...court will generally consider only those Supreme Court opinions issued prior to the state court's denial of relief." Duhs v. Capra, 83 F.Supp.3d 435, 457 (E.D.N.Y.2015) (citations omitted). " 'But a Supreme Court decision issued after the relevant state court decision may be considered if i......
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Duhs v. Capra
...pressed was a violation of the Confrontation Clause. The conviction was set aside because it violated that Clause. Duhs v. Capra , 83 F.Supp.3d 435, 439 (E.D.N.Y. 2015).The Court of Appeals for the Second Circuit reversed. Duhs v. Capra , No. 15–647, 639 Fed.Appx. 691, 692–93, 2016 WL 48217......
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Occhione v. Capra
...generally consider only those Supreme Court opinions issued prior to the state court's denial of relief." Duhs v. Capra, No. 13–CV–1056, 83 F.Supp.3d 435, 457, 2015 WL 428321, at *15 (E.D.N.Y. Feb. 3, 2015) (citations and internal quotation marks omitted). "But a Supreme Court decision issu......
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