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CARRION v. SMITH

Docket No. 08-1394-pr.

549 F.3d 583 (2008)

Carlos CARRION, Petitioner-Appellee, v. Joseph T. SMITH, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided: December 8, 2008.

Attorney(s) appearing for the Case

Marjorie M. Smith, Piermont, N.Y., for Petitioner-Appellee.

Mary C. Farrington (Morrie I. Kleinbart, of counsel) for Robert M. Morgenthau, District Attorney, New York County, New York, N.Y., for Respondent-Appellant.

Before: LEVAL, KATZMANN, and LIVINGSTON, Circuit Judges.

KATZMANN, Circuit Judge:

This case highlights a difficulty that our courts face in evaluating habeas corpus petitions filed well after the underlying conviction, when memories have faded and witnesses must struggle to reconstruct the relevant events. Over fifteen years ago, petitioner Carlos Carrion was convicted in the New York Supreme Court, New York County, of multiple offenses, including criminal possession of a controlled substance in the first degree and attempted...

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