Federal Defenders of New York Second Circuit Blog

right to present a defense; Rule 403

Second Circuit Grants Habeas Relief in State Murder Case Based on Right to Present a Complete Defense

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In Scrimo v. Lee, No. 17-3434 (2d Cir. Aug. 20, 2019), the Second Circuit ordered the grant of a writ of habeas corpus, undoing the defendant’s 2002 second-degree murder conviction. Defendant Paul Scrimo was convicted of second-degree murder following trial in New York state court and sentenced to 25 years to life. Briefly, the defendant … Read more

White Out

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United States v. White, No. 11-772-cr (2d Cir. August 30, 2012) (Jacobs, Calabresi, Pooler, CJJ) Here, a divided circuit panel concluded that two evidentiary errors prejudiced the outcome of Lance White’s felon-in-possession trial. The court vacated the conviction and remanded the case for a new trial. 1. Erroneous Preclusion of Others Arrests and Charging Decisions … Read more