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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)


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