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Mizell Filed Pro Se Petition To SDNY Judge Sullivan After Davis While FD Attacks His Appellate Counsel

By Matthew Russell Lee, Patreon
BBC The Times (UK) Honduras - The Source 

SDNY COURTHOUSE, Nov 26 – Prisoner Tevin Mizell in July of this year filed a pro se petition to vacate a count to which he pled guilty, after the U.S. Supreme Court's decision in US v. Davis, 139 S.Ct. 2319 (2019) invalidated the residual clause definition of crime of violence in Section 924(c)(3)(B).

   On November 26 Mizell with two U.S. Marshals and two Federal Defenders had his case argued before Judge Richard S. Sullivan in the U.S. District Court for the Southern District of New York.

  While Federal Defender Darrell Fields attacked for ineffective assistance of counsel Mizell's previous appellate counsel, identified in his petition as Andrew Freifeld, Judge Sullivan mock-chided his now-colleagues on the Second Circuit Court of Appeals for not seeing the issues when Mizell appealed.

    Field replied that these judges are busy with many issues, while CJA counsel should be up to date on criminal law. Judge Sullivan asked Fields if he might get an affidavit from Mizell's previous counsel; Fields said there is no point.

   Judge Sullivan invite more submission but said he will rule soon, since Mizell has almost served his entire sentence.

 Mizell spoke for himself to note that he has gotten his GED and is interested in stock and bonds. He asked to remain in the MDC in Brooklyn pending Judge Sullivan's decision. Inner City Press, once again the only media in this SDNY courtroom, will continue to follow this case. It is US v. Mizell, 14-cr-212 / 19-cv-6849 (Sullivan). 


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