Legal Opinion
Fagan v. Kuhlman
District Court, E.D. New York
Decided June 10, 2003No. 99 CV 2591(JBW), 03 MISC 0066(JBW)PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM ORDER AND JUDGMENT
WEINSTEIN, Senior District Judge.
A hearing was set for July 25, 2003, at 2 p.m. A thorough examination of the record indicates that no hearing is required. The matter can be decided on the basis of the extensive papers before the court.
A direct appeal from a conviction in a federal district court might well have led to a reversal based upon the trial court’s solution to a hearsay problem. Nevertheless, this evidence issue does not warrant granting a writ collaterally attacking a state court conviction. See 28 U.S.C. § 2254.
Procedure in State Court
On direct appeal…
2Cases cited71 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Miller-El v. CockrellSupreme Court of the United States · 2003
- Williams v. TaylorSupreme Court of the United States · 2000
- Coleman v. ThompsonSupreme Court of the United States · 1991
66 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- United States v. OrtizDistrict Court, E.D. New York · 2007
- Fagan v. KuhlmannCourt of Appeals for the Second Circuit · 2004
- Dale v. RussellDistrict Court, E.D. New York · 2025