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Lee v. Garlick

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
21-637 2nd Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether, in granting habeas corpus relief to a state court prisoner, the U.S. Court of Appeals for the 2nd Circuit created a circuit split and denied the state court judgment the deference mandated by 28 U.S.C. § 2254(d)(1) when it relied on a test that was not clearly established by the Supreme Court’s precedents to determine that an autopsy report was testimonial under the confrontation clause; (2) whether the 2nd Circuit violated Yarborough v. Alvarado by applying an overly specific “unreasonable application” analysis; and (3) whether the 2nd Circuit violated the harmless error standard in Brecht v. Abrahamson in ruling that the admission of the autopsy report was not harmless despite (a) uncertainty as to whether the report was admissible to form the basis of an in-court expert opinion, and (b) overwhelming evidence of guilt including surveillance video of James Garlick stabbing the victim to death.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 28 2021Petition for a writ of certiorari filed. (Response due December 1, 2021)
Nov 15 2021Motion to extend the time to file a response from December 1, 2021 to December 31, 2021, submitted to The Clerk.
Nov 16 2021Motion to extend the time to file a response is granted and the time is extended to and including January 3, 2022. See Rule 30.1