Corby v. Artus
2011 U.S. Dist. LEXIS 31132
S.D.N.Y.2011Background
- Corby convicted in NY Supreme Court, County of NY of second-degree murder and first-degree robbery; trial limited cross-examination of key witness Burnett regarding bias and motive to lie based on Corby's accusation; Burnett testified as the sole critical eyewitness placing Corby at the scene; discovery and prior statements to police and the timing of her accusation became focal points; appellate courts upheld rulings as harmless error, leading to federal habeas petition; district court grants petition, finding a Confrontation Clause violation and non-harmless error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether preclusion of specific bias-based cross-examination violated the Confrontation Clause. | Corby | Artus | Yes, violation found. |
| Whether the error was harmless under Chapman/Van Arsdall factors. | Corby | People | No, not harmless beyond a reasonable doubt. |
| Whether AEDPA deference applies and if the state court's harmless-error analysis was unreasonable. | Corby | Artus | Unreasonable application; relief granted. |
| Whether Brinson v. Walker supports the petitioner's view on bias-cross-examination. | Corby | Artus | Brinson supports petitioner's view; favorable to Corby. |
| What is the proper remedy given the Confrontation Clause violation. | Corby | People | Petition granted; release ordered pending state action. |
Key Cases Cited
- Davis v. Alaska, 415 U.S. 308 (U.S. 1974) (cross-exam privilege to reveal bias must be allowed when probative to credibility)
- Van Arsdall v. Davis, 475 U.S. 673 (U.S. 1986) (limits on cross-examination may violate Confrontation Clause when it hides bias evidence)
- Brinson v. Walker, 547 F.3d 387 (2d Cir. 2008) (prohibiting race-bias cross-examination constitutes error under Confrontation Clause)
- Chapman v. California, 386 U.S. 18 (U.S. 1967) (harmless-error standard after constitutional error)
- People v. Norcott, 6 N.Y.3d 231 (N.Y. 2005) (state courts erred in upholding complete preclusion of bias-line of inquiry)
- People v. Corby, 6 N.Y.3d 231 (N.Y. 2005) (NY Court of Appeals affirmed conviction; cited Van Arsdall/Davis standards)
- Delaware v. Van Arsdall, 475 U.S. 673 (U.S. 1986) (establishes prototypical bias cross-examination standard)