Legal Opinion
McClelland v. Kirkpatrick
District Court, W.D. New York
Decided April 21, 2011No. 08-CV-0683(VEB)PublishedCited by 3 opinions
1Opinion of the Court
DECISION AND ORDER
VICTOR E. BIANCHINI, United States Magistrate Judge.
I. Introduction
Pro se petitioner Carl McClelland (“McClelland” or “Petitioner”) has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging the constitutionality of his custody following a judgment of conviction entered against him in Erie County Court, after a jury trial, on charges of second degree burglary, fifth degree criminal possession of stolen property, and possession of burglar’s tools. McClelland is currently serving an indeterminate sentence of 20 years to life.
The parties have…
2Cases cited70 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Williams v. TaylorSupreme Court of the United States · 2000
- People v. BleakleyNew York Court of Appeals · 1987
- Estelle v. McGuireSupreme Court of the United States · 1991
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