Legal Opinion

Evans v. Fischer

District Court, E.D. New York

Decided September 22, 2011No. 06 CV 5919(RJD)PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM & ORDER

DEARIE, District Judge.

Carlos Evans, serving a fifteen-year sentence on his 2002 convictions for burglary, *173assault and criminal possession of a weapon, petitions for a writ of habeas corpus pursuant to Title 28 U.S.C. § 2254, as amended by the Antiterrorism and Death Penalty Act of 1996, Pub.L. No. 104-132, § 104,110 Stat. 1214 (“AEDPA”).

The focus of the petition is the admission at petitioner’s trial of an unsworn, highly detailed seven-page hearsay narrative, penned by the state’s key trial witness, containing the most damaging evidence and nearly the entirety of the…

2Cases cited55 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Chapman v. CaliforniaSupreme Court of the United States · 1967
  3. Williams v. TaylorSupreme Court of the United States · 2000
  4. Estelle v. McGuireSupreme Court of the United States · 1991
  5. Kotteakos v. United StatesSupreme Court of the United States · 1946

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3Cited by1 opinion

  1. Evans v. FischerCourt of Appeals for the Second Circuit · 2013

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