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 Joanna Seybert granted a §2255 petition based on ineffective assistance of counsel at sentencing. Judge Nicholas G. Garaufis suppressed evidence found on a car passenger where the government failed to show “reasonable suspicion” to justify the vehicle stop. In denying a motion to dismiss, Judge Seybert decided a variety of issues relating to alleged constructive and actual fraud against a plaintiff bank. And Judge Roslynn R. Mauskopf upheld Title VII claims against a motion to dismiss.
Ineffective Assistance
In Harris v. United States, 08 CV 4886 (EDNY, Oct. 7, 2011), Judge Seybert, granting a §2255 petition, held that the 400-month sentence previously imposed had resulted from ineffective assistance of counsel.
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