Legal Opinion
Drake v. Portuondo
Court of Appeals for the Second Circuit
Decided January 23, 2009No. Docket 06-1365-prPublishedCited by 56 opinions
1Opinion of the Court
POOLER, Circuit Judge:
Robie J. Drake appeals from a judgment of the United States District Court for the Western District of New York (Elfvin, J.), on remand, denying a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Drake is currently incarcerated for his 1982 convic tion, after a jury trial, in New York State Supreme Court, Niagara County, on two counts of second degree murder for the shooting of a young couple in a parked car. At Drake’s trial, in order to compensate for the lack of evidence of motive, the prosecution, at the last minute, called an expert, Richard D. Walter. Walter…
2Cases cited19 opinions
- Williams v. TaylorSupreme Court of the United States · 2000
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Giglio v. United StatesSupreme Court of the United States · 1972
- United States v. AgursSupreme Court of the United States · 1976
- Napue v. IllinoisSupreme Court of the United States · 1959
14 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Rivas v. FischerCourt of Appeals for the Second Circuit · 2012
- Wilson v. MazzucaCourt of Appeals for the Second Circuit · 2009
- Bierenbaum v. GrahamCourt of Appeals for the Second Circuit · 2010
- United States v. Cromitie (Williams)Court of Appeals for the Second Circuit · 2013
- Sacirbey v. GuccioneCourt of Appeals for the Second Circuit · 2009
51 more not listed; retrieve them via the Exa API.