Legal Opinion
Robie J. Drake v. L.A. Portuondo, Superintendent, Shawangunk Correctional Facility
Court of Appeals for the Second Circuit
Decided January 31, 2003No. Docket 01-2217PublishedCited by 86 opinions
1Opinion of the Court
JACOBS, Circuit Judge.
Robie J. Drake appeals from a judgment of the United States District Court for the Western District of New York (Elfvin, J.) denying a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In 1982, Drake was convicted by a jury in New York State Supreme Court, Niagara County, on two counts of second degree murder for the shooting of a young couple in a parked car in an isolated area near a junkyard. The defense theory was that Drake often used abandoned cars for target practice, that he shot up the victims’ car without realizing it was occupied, and afterward in panic…
2Cases cited22 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Williams v. TaylorSupreme Court of the United States · 2000
- Kotteakos v. United StatesSupreme Court of the United States · 1946
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- United States v. AgursSupreme Court of the United States · 1976
17 more not listed; retrieve them via the Exa API.
3Cited by86 opinions
- Lambert v. BlackwellCourt of Appeals for the Third Circuit · 2004
- Richard Cotto v. Victor Herbert, Warden, Attica Correctional FacilityCourt of Appeals for the Second Circuit · 2003
- Lambert v. BlackwellCourt of Appeals for the Third Circuit · 2004
- Winston v. KellyCourt of Appeals for the Fourth Circuit · 2010
- United States v. FellCourt of Appeals for the Second Circuit · 2008
81 more not listed; retrieve them via the Exa API.