In an unusual federal criminal decision, a federal judge from the Eastern
District of New York granted a defendant’s Habeas Corpus petition
on the grounds that the state court trial judge acted vindictively in
In the matter of
Izaguirre v. Lee, Federal Judge Joseph Bianco found that trial judge’s announcement
that defendant would be sentenced to 25 years in prison if convicted,
raised a “reasonable likelihood of actual vindictiveness”
once the defendant was indeed sentenced to 25 years. In essence the federal
judge found that given the trial judge’s comments pre-trial created
no other reason why a sentence of 25 years would be imposed – other
In granting the Writ of Habeas Corpus, the federal judge ordered that the
New York State Criminal Court re-sentencing the defendant by a judge other
than the state court judge who sentenced him originally.
At Sullivan & Brill, the criminal defense lawyers have solid experience
in handling Petitions of Habeas Corpus in federal court.