Mayrant v. McCarthy
1:20-cv-09324
| S.D.N.Y. | Jul 28, 2025Background
- Raymond Mayrant was convicted in New York state court of second-degree murder and attempted second-degree murder stemming from the fatal shooting of Elvira Brown and attempted murder of Diamond Dunn.
- Mayrant's relationship with Dunn was volatile, involving multiple breakups and domestic incidents, culminating in the January 3, 2013 shootings in Dunn's apartment.
- He was arrested in Ohio after fleeing the state, indicted by a grand jury, convicted at trial, and sentenced to 50 years-to-life.
- Mayrant, proceeding pro se, filed a federal habeas petition under 28 U.S.C. § 2254, challenging his convictions on several grounds, including claims of a defective felony complaint, improper juror discharge, a verdict against the weight of the evidence, and a violation of the Confrontation Clause.
- The District Court reviewed Magistrate Judge Moses’s recommendation de novo, as Mayrant timely objected to findings on all but the weight-of-the-evidence claim.
- The District Court adopted the Magistrate’s recommendations, denying the petition in full, finding most claims procedurally barred and all claims meritless.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Defective Felony Complaint | Complaint lacked reasonable cause and jurisdiction. | Claim was not raised on direct appeal; probable cause clear. | Procedurally barred and meritless |
| Juror Discharge | Prospective juror was improperly dismissed, harming impartiality. | Court properly dismissed juror based on voir dire doubt. | No federal question; claim denied |
| Weight of the Evidence | Verdict contradicted the credible evidence, mainly his testimony. | Claim is a matter of state, not federal, law. | Not cognizable on habeas review |
| Confrontation Clause - Stipulation | Allowing stipulation on cause of death without live medical examiner violated his rights. | Claim is procedurally barred; stipulated evidence was strategic, no violation. | Procedurally barred, no constitutional error |
Key Cases Cited
- Coleman v. Thompson, 501 U.S. 722 (federal habeas review foreclosed by independent and adequate state law ground)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance of counsel standard)
- Melendez-Diaz v. Massachusetts, 557 U.S. 305 (stipulations may waive confrontation rights if voluntarily made)
- Estelle v. McGuire, 502 U.S. 62 (federal habeas review does not cover state law questions)
- Irvin v. Dowd, 366 U.S. 717 (Sixth Amendment assures trial by impartial jury)
- Jackson v. Virginia, 443 U.S. 307 (sufficiency-of-the-evidence due process standard)