This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Nicholas G. Garaufis held that defense counsel’s failure to give notice of alibi witnesses amounted to ineffective assistance of counsel, warranting habeas relief. Judge Eric N. Vitaliano granted a preliminary injunction prohibiting the National Park Service and other defendants from acting pursuant to improper revisions to the boundary map for a park on the Brooklyn waterfront. Judge Leonard D. Wexler remanded to state court an action involving a licensing agreement for patented technology. And Judge Jack B. Weinstein dealt with summary judgment motions in connection with “excessive force” claims against a security officer.
Untimely Notice of Alibi
In Harrison v. Cunningham, 07 CV 4077 (EDNY, May 17, 2011), Judge Garaufis granted a habeas corpus petition for ineffective assistance of trial counsel in failing to provide timely notice of important alibi evidence.
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