Legal Opinion

Villacreses v. Rivera

Court of Appeals for the Second Circuit

Decided June 24, 2009No. 07-2588-prPublished

1Opinion of the Court

SUMMARY ORDER

Petitioner-appellant Ruben Villacreses appeals from a judgment of the District Court denying his petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254.2 Petitioner contends that his trial attorney failed to request an adverse inference instruction or some other appropriate sanction after the prosecutor could not produce the crime scene notes written by an investigating police officer who testified at trial. See People v. Rosario, 9 N.Y.2d 286, 290-91, 213 N.Y.S.2d 448, 173 N.E.2d 881 (1961) (requiring the State to disclose to criminal defendant all recorded…

2Cases cited7 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Schriro v. LandriganSupreme Court of the United States · 2007
  3. People v. RosarioNew York Court of Appeals · 1961
  4. People v. MartinezNew York Court of Appeals · 1988
  5. Clark v. PerezCourt of Appeals for the Second Circuit · 2008

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