Quarterman, No. 07-70017 An application for a certificate of appealability (COA) from a denial of a petition for a writ of habeas corpus is denied in part and granted in part where: 1) the decision not to test DNA evidence from the crime scene did not rise to ineffective assistance of counsel since it was an informed, strategic decision; 2) failure to impeach a witness does not amount to a serious error ; 3) failure to present evidence that defendant was allergic to codeine caused… [read post]

County of Allegheny, No. 06-2869 "In an action against various defendants for violations of 42 U.S.C. section 1983 and state law, arising from a former 911 dispatcher's improper use of his job facilities to track down and kill his ex-girlfriend and her boyfriend, plaintiff's son, dismissal of the claims is reversed in part and the matter remanded with instructions to permit plaintiff an opportunity to amend certain state-created danger and equal protection claims, as… [read post]