Legal Opinion

Thomas Mallette v. Charles J. Scully, Superintendent of Greenhaven Correctional Facility

Court of Appeals for the Second Circuit

Decided December 28, 1984No. 300, Docket 84-2185PublishedCited by 57 opinions

1Opinion of the Court

CARDAMONE, Circuit Judge:

This appeal is from the denial of habeas corpus relief in the Eastern District. Defendant, Thomas Mallette, was convicted in New York State Supreme Court for manslaughter in the first degree after a passenger seated in the front seat of his auto shot and killed a 16-year-old Brooklyn youth. Defendant raises two issues on appeal. He claims, first, that his sentence was enhanced because of his refusal to identify his passenger. Second, he argues, since he himself saw no evil, heard no evil and spoke no evil that the evidence of intent before the state court jury was…

2Cases cited13 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Glasser v. United StatesSupreme Court of the United States · 1942
  3. Burks v. United StatesSupreme Court of the United States · 1978
  4. Holland v. United StatesSupreme Court of the United States · 1955
  5. Woodby v. Immigration & Naturalization ServiceSupreme Court of the United States · 1966

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3Cited by57 opinions

  1. United States v. SalamehCourt of Appeals for the Second Circuit · 1998
  2. United States v. SalamehCourt of Appeals for the Second Circuit · 1998
  3. United States v. WhittenCourt of Appeals for the Second Circuit · 2010
  4. United States v. RogersCourt of Appeals for the Tenth Circuit · 1990
  5. United States v. Donald Rogers A/K/A New YorkCourt of Appeals for the Tenth Circuit · 1990

52 more not listed; retrieve them via the Exa API.

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