Legal Opinion
Harper v. Kelly
District Court, S.D. New York
Decided January 4, 1989No. 88 Civ. 1163 (RWS)PublishedCited by 8 opinions
1Opinion of the Court
OPINION
SWEET, District Judge.
Pro se petitioner Elmer Harper, Jr. (“Harper”) seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on the grounds that his conviction was obtained in violation of his constitutional rights. For the reasons set forth below, his petition is denied.
The Facts and the Petition
On May 9, 1984, Jack Small (“Small”), the service manager at the Sears Auto Center on Fordham Road in the Bronx, was instructed to take the day’s cash receipts across the parking lot to the main store. Frank Lester (“Lester”), a security supervisor for Sears, accompanied Small. This was the…
2Cases cited17 opinions
- Delaware v. Van ArsdallSupreme Court of the United States · 1986
- Rose v. LundySupreme Court of the United States · 1982
- Davis v. AlaskaSupreme Court of the United States · 1974
- Donnelly v. DeChristoforoSupreme Court of the United States · 1974
- Alford v. United StatesSupreme Court of the United States · 1931
12 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Elmer Harper, Jr. v. Walter R. Kelly, Superintendent, Attica Correctional FacilityCourt of Appeals for the Second Circuit · 1990
- Smalls v. BatistaDistrict Court, S.D. New York · 1998
- Jones v. KeaneDistrict Court, W.D. New York · 2002
- People v. DobbinNew York Supreme Court · 2004
- Knight v. WalshDistrict Court, W.D. New York · 2007
3 more not listed; retrieve them via the Exa API.