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Davis v. Perez

Psychologist's Conclusions Not Probative of Intent to Commit First-Degree Assault

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ORDER

*1  On July 23, 2009, a jury sitting in Supreme Court of the State of New York, New York County, convicted Petitioner Kent Davis of first-degree assault and child endangerment. (Trial Transcript (“Tr.”) (Dkt. No. 14-4) at 523-26) On September 8,2009, Petitioner was sentenced to eleven years’ imprisonment on the assault count, and one year of imprisonment on the child endangerment count, with the terms to run concurrently. (Sent. Tr. (Dkt. No. 14-4) at 30) On June 20, 2013, Petitioner filed a petition, pro se, for a writ of habeas corpus, pursuant to 28 U.S.C. §2254, seeking to set aside his convictions.1 (Dkt. No. 1) Petitioner argues that he is entitled to habeas relief because (1) he was deprived of his right to present psychiatric evidence; (2) the prosecution asked Petitioner improper questions during cross-examination; (3) the prosecutor made statements in his summation that shifted the burden of proof; and (4) the trial court erred in refusing to charge the jury on the lesser-included offense of second-degree assault. (See id. at 5-10)

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