| SDNY In Person Hearing Dec 8
on Robert Gist In MDC SHU Citing Ineffective
Assistance
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
Dec 2 – Robert Gist is in the
Special Housing Unit of the
Metropolitan Detention Center
in Brooklyn - but for now he
is scheduled to have his
habeas corpus petition heard
in-person on December 8 in
lower
Manhattan.
On November
25 U.S. District Court for the
Southern District of New
York Judge Gregory H.
Wood held a pre-hearing
proceeding. Inner City Press
covered it.
Judge Woods
thanked the parties for
convening on short notice for
this, the his last proceeding
before Thanksgiving (there was
another proceeding going on in
the SDNY, which Inner City
Press covered to 7 pm, here).
Judge
Woods directed the parties to
a decision from famed SDNY
Judge Learned Hand, and said
he will do everything possible
to hold this hearing on
December 8.
On November 27
Judge Woods entered an order
giving the US Attorney's
Office until November 30 to
submit a letter brief about
the proposed exhibits for the
December 8 hearing. Issues
include Robert Gist's claim of
ineffective assistance of
counsel by Aaron M. Goldsmith,
including that he "spent only
a short time going over the
Plea Agreement" and "did not
mention that the Plea
Agreement included an appeal
waiver or explain what that
meant."
After late
on November 30 a SDNY Chief
Judge Colleen McMahon Standing
Order suspended most in-person
proceedings (Inner City Press
on November 30 reported it here),
on December 2 Judge Woods
issued this: "ORDER: On
November 30, 2020, Chief Judge
McMahon issued a standing
order suspending in-person
operations in the Southern
District of New York until
January 15, 2021. For the
reasons discussed on the
record during the November 25,
2020 conference principally,
the fact that the petitioner
is currently incarcerated in
the SHU, and the substantial
questions regarding the timing
and methodology for any remote
proceeding the Court has
determined that the December
8, 2020 proceeding should
proceed. The Court has
confirmed that the proceeding
may be conducted within the
framework established by the
standing order. The parties
should be prepared to proceed
as scheduled. The hearing will
take place on December 8, 2020
at 10:00 a.m. in Courtroom 23B
of the United States District
Court for the Southern
District of New York, Daniel
Patrick Moynihan U.S.
Courthouse at 500 Pearl
Street, New York, New York,
10007. The parties are
directed to provide the Court
with a list of the witnesses
they intend to call during the
hearing, and whether those
witnesses will be testifying
live or remotely, by no later
than December 3, 2020. The
parties are reminded that they
must test the Skype
videoconferencing technology
with any witness who is
expected to appear by remote
means." We'll have more on
this.
The case is Gist
v. US, 19-cv-5095 (Woods)
***
Your
support means a lot. As little as $5 a month
helps keep us going and grants you access to
exclusive bonus material on our Patreon
page. Click
here to become a patron.
Feedback:
Editorial [at] innercitypress.com
SDNY Press Room 480, front cubicle
500 Pearl Street, NY NY 10007 USA
Mail: Box 20047, Dag
Hammarskjold Station NY NY 10017
Reporter's mobile (and weekends):
718-716-3540
Other, earlier Inner City Press are
listed here,
and some are available in the ProQuest
service, and now on Lexis-Nexis.
Copyright 2006-2020 Inner City
Press, Inc. To request reprint or other
permission, e-contact Editorial [at]
innercitypress.com
|
,
