Legal Opinion
Smalls v. Batista
District Court, S.D. New York
Decided May 19, 1998No. 97 CIV. 6045(RWS)PublishedCited by 10 opinions
1Opinion of the Court
OPINION
SWEET, District Judge.
Petitioner Kevin Smalls (“Smalls”) has petitioned this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on the grounds that the trial court’s supplemental Allen v. U.S., 164 U.S. 492, 17 S.Ct. 154, 41 L.Ed. 528 (1896) charge deprived him of his constitutional rights, to due process of law and a jury verdict of guilt beyond a reasonable doubt. For the reasons set forth below, the petition is granted.
Prior Proceedings
On December 2, 1987, Smalls was convicted, after a jury trial conducted in the Supreme Court of the State of New York, Bronx County, of…
2Cases cited44 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Estelle v. McGuireSupreme Court of the United States · 1991
- Kotteakos v. United StatesSupreme Court of the United States · 1946
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- Arizona v. FulminanteSupreme Court of the United States · 1991
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3Cited by10 opinions
- Kevin Smalls v. Wilfredo Batista, Superintendent, Marcy Correctional FacilityCourt of Appeals for the Second Circuit · 1999
- Noble v. KellyDistrict Court, S.D. New York · 2000
- Smalls v. BatistaDistrict Court, S.D. New York · 1998
- Joseph v. McGinnisDistrict Court, S.D. New York · 1999
- Patterson v. HeadleyDistrict Court, S.D. New York · 1999
5 more not listed; retrieve them via the Exa API.