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 rendering sentence.

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 than vindictiveness.

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.