Legal Opinion

Kevin Smith v. Michael McGinnis Superintendent, Southport Correctional Facility

Court of Appeals for the Second Circuit

Decided March 13, 2000No. 1999PublishedCited by 592 opinions

1Per curiam

Kevin Smith appeals from the March 26, 1999, judgment of the United States District Court for the Eastern District of New York (Raymond J. Dearie, J.) dismissing his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2244(d).

BACKGROUND

A Kings County jury convicted Smith in 1987 of second-degree murder and second and third-degree criminal possession of a weapon. Smith pursued direct appeals, all of which were unsuccessful, and his conviction became final on July 2,1991. 1 In 1988 and 1992, Smith filed motions pursuant to N.Y. Crim. Proc. L. § 440.10 to vacate his judgment of…

2Cases cited14 opinions

  1. Fisher v. JohnsonCourt of Appeals for the Fifth Circuit · 1999
  2. Jesus Nino v. George Galaza, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
  3. Frank T. Miller v. New Jersey State Department of Corrections Donald E. Lewis, Warden/administrator Attorney General of the State of New JerseyCourt of Appeals for the Third Circuit · 1998
  4. Davis v. JohnsonCourt of Appeals for the Fifth Circuit · 1998
  5. Miller v. MarrCourt of Appeals for the Tenth Circuit · 1998

9 more not listed; retrieve them via the Exa API.

3Cited by592 opinions

  1. Holland v. FloridaSupreme Court of the United States · 2010
  2. Marsh v. SoaresCourt of Appeals for the Tenth Circuit · 2000
  3. Alixcair Valverde v. James Stinson, Superintendent, Great Meadow Corr. Fac.Court of Appeals for the Second Circuit · 2000
  4. Donald Green, Also Known as Sly, Also Known as Stone v. United StatesCourt of Appeals for the Second Circuit · 2001
  5. Teresa Zerilli-Edelglass v. New York City Transit Authority and Manhattan and Bronx Surface Transit Operating AuthorityCourt of Appeals for the Second Circuit · 2003

587 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API