Legal Opinion

Borcyk v. Lempke

District Court, W.D. New York

Decided August 2, 2010No. 6:10-cr-06137PublishedCited by 3 opinions

1Opinion of the Court

ORDER

DAVID G. LARIMER, District Judge.

I. Introduction

Pro se petitioner Gregory Borcyk has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his July 6, 2005, conviction in Monroe County Court on charges of second degree murder. Borcyk has raised three grounds for habeas relief in his Petition (Docket # 1): (1) trial counsel was ineffective in failing to investigate a 911 call concerning the identity of the real killer (Petition, ¶ 22(A)); (2) trial counsel was ineffective in failing to present allegedly exculpatory DNA evidence found on the victim’s body…

2Cases cited13 opinions

  1. Vasquez v. HillerySupreme Court of the United States · 1986
  2. Murden v. ArtuzCourt of Appeals for the Second Circuit · 2007
  3. Fielding v. LeFevreCourt of Appeals for the Second Circuit · 1977
  4. Frank Rodriguez v. Robert Hoke, Superintendent of the Eastern Correctional FacilityCourt of Appeals for the Second Circuit · 1991
  5. Reverend Nathaniel T. Grady v. Eugene Lefevre, Superintendent, Clinton Correctional FacilityCourt of Appeals for the Second Circuit · 1988

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3Cited by3 opinions

  1. Bethany v. NoethDistrict Court, W.D. New York · 2022
  2. Miller v. FennesseyDistrict Court, W.D. New York · 2024
  3. Tineo-Santos v. PiccoloDistrict Court, S.D. New York · 2021

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