Krivoi v. Chappius

2 Citing cases

  1. Ivanitsky v. Griffin

    13-cv-00823 (CBA) (E.D.N.Y. Nov. 4, 2024)

    Karpaty's interview was taken 13 years after the murder, it was unsworn, and Karpaty's recollection that he saw a double-barreled shotgun was not corroborated. I cannot find “under AEDPA's highly deferential standard of review” that the Appellate Division's rejection of the 302 report claim as without merit “was an unreasonable application of Chambers.” Krivoi v. Chappius, 573 F.Supp.3d 816, 830 (E.D.N.Y. 2021) aff'd, No. 21-2934-PR, 2022 WL 17481816 (2d Cir. Dec. 7, 2022).

  2. Williams v. Lamanna

    18 Civ. 2172 (KMK)(JCM) (S.D.N.Y. Oct. 11, 2023)

    Not only does Petitioner fail to show compounding errors, but he also fails to show that these errors undermined the strength of the evidence supporting Petitioner's conviction, or the overall fairness of his trial. See, e.g., Krivoi v. Chappius, 573 F.Supp.3d 816, 831 (E.D.N.Y. 2021) (“[T]he combined effect of the Bruton violation and alleged Brady errors are rendered harmless by the strength of the remaining evidence. Thus, the Petitioner's cumulative error challenge is denied”)