Legal Opinion
Petrucelli v. Smith
District Court, W.D. New York
Decided August 3, 1982No. CIV-80-1056CPublishedCited by 13 opinions
1Opinion of the Court
CURTIN, Chief Judge.
INTRODUCTION
This habeas corpus action challenges John Petrucelli’s second conviction for the murder of Joseph Gernie who, along with Liberto Moresco, was killed in a barroom shootout in Bronx County, New York in 1968. Because he was a fugitive for several years, Petrucelli was not tried until 1973 for the murders of both men and the felonious possession of a weapon. The jury acquitted him of Moresco’s murder, but found him guilty on two other counts: manslaughter in the first degree for Gemie’s death, and the illegal possession of a weapon. He was sentenced to concurrent…
2Cases cited58 opinions
- Rose v. LundySupreme Court of the United States · 1982
- Burks v. United StatesSupreme Court of the United States · 1978
- Ashe v. SwensonSupreme Court of the United States · 1970
- Linkletter v. WalkerSupreme Court of the United States · 1965
- United States v. JornSupreme Court of the United States · 1971
53 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- John Petrucelli v. Phillip Coombe, Jr., Superintendent, Eastern New York Correctional FacilityCourt of Appeals for the Second Circuit · 1984
- State v. BreitNew Mexico Supreme Court · 1996
- United States v. Mark Lewis SingerCourt of Appeals for the Eighth Circuit · 1986
- Collier v. StateNevada Supreme Court · 1987
- United States v. Salvatore SalamoneCourt of Appeals for the Third Circuit · 1989
8 more not listed; retrieve them via the Exa API.