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Second Circuit Denies En Banc Review and Affirms Habeas Grant Based on Amicus Brief

As reported in the New York Law Journal, earlier this week the Second Circuit denied en banc review of its 2012 decision in Young v. Conway, which affirmed a grant of habeas corpus in a case that turned on testimony regarding in-court eyewitness identification. Paul, Weiss filed an amicus brief on behalf of the Innocence Project that discussed the extensive body of scientific literature on the unreliability of eyewitness identifications and how this literature confirmed the unreliability of the eyewitness identification that led to Mr. Young's conviction in state court. 

Judge Barrington Parker, joined by Judge Peter Hall, filed an opinion concurring with the denial of en banc review, noting that "the record--principally an outstanding amicus brief written by Paul Weiss and the Innocence Project--directed us toward a robust and growing body of high-quality scientific studies addressing problems surrounding eyewitness identifications."  (Emphasis added.)

The Second Circuit's decision was reported on the front page of the April 25 issue of the New York Law Journal. In the article, litigation partner James Brochin was quoted describing that Paul, Weiss has represented the Innocence Project in a number of cases involving faulty eyewitness testimony as part of the Innocence Project's larger effort to identify systemic problems in the justice system that lead to wrongful convictions.

Litigation partner James Brochin and litigation associates Jennifer H. Wu and Laura Sedlak worked on the amicus brief.

April 25, 2013

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