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FEDERAL LITIGATION | Cases Pending in the Second Circuit Court of Appeals

Ennis v. Kirkpatrick
This application, which is pending in the Second Circuit, raises ineffective assistance of counsel and Brady claims based on prosecution withholding evidence that co-defendant confessed to one of the charged crimes and exculpated Sheldon Ennis in a pre-trial proffer session, and counsel’s failure to make use of the information when he learned of it from co-counsel late in the trial.
Mr. Ennis is represented by Richard M. Greenberg.

Mack v. Conway
This case presents three issues: whether Jerome Mack’s statement was taken in violation of his Miranda rights, whether defense counsel provided ineffective assistance by failing to request a critical jury instruction, and whether the prosecution violated its Brady obligations by withholding significant impeachment evidence concerning its main witness. Argument is scheduled for April 2, 2012.
Mr. Mack is represented by Richard M. Greenberg.

Sanchez v. Lee
This habeas, now pending in the Second Circuit, raises a legal insufficiency claim in a depraved indifference murder case where Steven Sanchez was denied benefit of a change in the law.
Mr. Sanchez is represented by Matthew L. Mazur.

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