From Casetext: Smarter Legal Research

Martinez v. Miller

United States Court of Appeals, Second Circuit
Jun 19, 2009
330 F. App'x 296 (2d Cir. 2009)

Summary

noting that although summary orders do not have precedential value, they are binding “to the extent they establish the law of the case, res judicata, or collateral estoppel”

Summary of this case from Bristol Heights Associates, LLC v. Chicago Title Insurance

Opinion

No. 06-5876-pr.

June 19, 2009.

Paul J. Angioletti, Staten Island, N.Y., for Petitioner-Appellant.

Mark Dwyer (Patrick J. Hynes, on the brief), for Robert M. Morgenthau, District Attorney, New York, N.Y., for Appellee.

PRESENT: Hon. ROGER J. MINER, Hon. RICHARD C. WESLEY, Circuit Judges, Hon. TIMOTHY C. STANCEU, Judge.

The Honorable Timothy C. Stanceu, United States Court of International Trade, sitting by designation.


UPON DUE CONSIDERATION, IT IS HEREBY' ORDERED, ADJUDGED, AND DECREED that the district court's judgment of dismissal be AFFIRMED.


SUMMARY ORDER

Petitioner challenges his conviction under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), via habeas corpus petition pursuant to 28 U.S.C. § 2254. This Court considered and rejected a habeas petition by Petitioner's co-defendant at trial that presented the same issue on the same factual record. Martinez v. Kelly, 253 Fed.Appx. 127 (2d Cir. 2007). Summary orders do not have precedential value. Nor are we bound by these orders except to the extent they establish the law of the case, res judicata, or collateral estoppel. However, we agree with the conclusion of that panel that the state court did not unreasonably apply federal law as clearly established by the Supreme Court of the United States at the time of conviction. See 28 U.S.C. § 2254(d); Policano v. Herbert, 507 F.3d 111, 115 (2d Cir. 2007); see also Overton v. Newton, 295 F.3d 270, 278-79 (2d Cir. 2002).

These exceptions do not apply here.

Accordingly, the judgment of the district court dismissing the petition for habeas corpus relief is hereby AFFIRMED.


Summaries of

Martinez v. Miller

United States Court of Appeals, Second Circuit
Jun 19, 2009
330 F. App'x 296 (2d Cir. 2009)

noting that although summary orders do not have precedential value, they are binding “to the extent they establish the law of the case, res judicata, or collateral estoppel”

Summary of this case from Bristol Heights Associates, LLC v. Chicago Title Insurance
Case details for

Martinez v. Miller

Case Details

Full title:Cesar MARTINEZ, Petitioner-Appellant, v. Superintendent David L. MILLER…

Court:United States Court of Appeals, Second Circuit

Date published: Jun 19, 2009

Citations

330 F. App'x 296 (2d Cir. 2009)

Citing Cases

Norton v. Town of Brookhaven

Summary orders do not have precedential value. See, e.g., Martinez v. Miller, 330 F. App'x 296 (summary…

Caccavo v. Reliance Standard Life Ins. Co.

A Second Circuit summary order does not have precedential value, but it is entitled to respect as Res…