Legal Opinion

Kirkby v. Filion

District Court, W.D. New York

Decided August 7, 2009No. 04-CV-0456 (VEB)PublishedCited by 2 opinions

1Opinion of the Court

DECISION AND ORDER

VICTOR E. BIANCHINI, United States Magistrate Judge.

I. Introduction

Pro se petitioner Shane Kirkby (“petitioner” or “Kirkby”) has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 alleging that he is being held in state custody in violation of his federal constitutional rights. Kirkby’s state custody arises from a judgment of conviction entered against him on June 21, 2000, following a jury trial in New York State Supreme Court (Ontario County).

The parties have consented to disposition of this matter by a magistrate judge pursuant to 28 U.S.C. §…

2Cases cited34 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Chapman v. CaliforniaSupreme Court of the United States · 1967
  3. Williams v. TaylorSupreme Court of the United States · 2000
  4. Estelle v. McGuireSupreme Court of the United States · 1991
  5. Kotteakos v. United StatesSupreme Court of the United States · 1946

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3Cited by2 opinions

  1. Barksdale v. CrawleyDistrict Court, W.D. New York · 2021
  2. Moore v. YehlDistrict Court, W.D. New York · 2023

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