Document Type

Article

Publication Date

12-7-2009

Abstract

Petitioner-appellant Steven Georgison ("Georgison") appeals from a June 9, 2005 judgment entered in the United States District Court for the Southern District of New York (Chin, J.) denying his petition for a writ of habeas corpus brought pursuant to 28 U.S.C. § 2254. Georgison v. Donelli, No. 04 Civ. 1444(DC), 2005 WL 1384015, *10 (S.D.N.Y. June 9, 2005). Georgison was convicted after a jury trial conducted in the New York State Supreme Court, Bronx County (Bamberger, J., suppression hearing; Silverman, J., trial and sentencing) on one count of assault in the first degree, in violation of New York Penal Law § 120.10[4]. Georgison, 2005 WL 1384015, at *3. Following unsuccessful appeals in state court, People v. Georgison, 299 A.D.2d 176, 750 N.Y.S.2d 18 (2002), leave denied, 99 N.Y.2d 614, 757 N.Y.S.2d 825, 787 N.E.2d 1171 (2003), and the denial of his habeas petition in the District Court, we granted a certificate of appealability. The certificate was granted to allow review of Georgison's claim that his Fifth Amendment rights were violated by the admission in evidence of an inculpatory statement given to police investigators without affording him the warnings prescribed by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). The statements were given during Georgison's incarceration at the Riverview Correctional Facility on an unrelated conviction. For the reasons that follow, we hold that the state court's application of clearly established 148*148 federal law, as determined by the United States Supreme Court, was not objectively unreasonable in this case, and, accordingly, that the application for a writ of habeas corpus was properly denied.

Comments

588 F.3d 145 (2009)

Steven GEORGISON, Petitioner-Appellant, v. John J. DONELLI, Bare Hill Correctional Facility, Respondent-Appellee.

Docket No. 05-5885-pr.

United States Court of Appeals, Second Circuit.

Argued: May 15, 2009.

Decided: December 7, 2009.

New York Law School location: Box 154, File 3777

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