| 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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