Legal Opinion

James Beverly v. Hans Walker, Superintendent of Auburn Correctional Facility

Court of Appeals for the Second Circuit

Decided June 30, 1997No. 1487, Docket 95-2620PublishedCited by 135 opinions

1Opinion of the Court

VAN GRAAFEILAND, Circuit Judge:

James Beverly appeals from a judgment of the United States District Court for the Northern District of New York (Scullin, J.) dismissing his petition for a writ of habeas corpus based in part on a state court’s jury instructions concerning reasonable doubt. Finding no constitutional error in the instructions, we affirm.

On October 22, 1985, following a jury trial in Onondaga County Court, Beverly was convicted on six counts of selling a controlled substance. He was sentenced as a predicate felon to six concurrent terms of incarceration of 12 1/2 to 25 years. The…

2Cases cited15 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Sullivan v. LouisianaSupreme Court of the United States · 1993
  3. Holland v. United StatesSupreme Court of the United States · 1955
  4. Shirley Small v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1989
  5. Victor v. NebraskaSupreme Court of the United States · 1994

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3Cited by135 opinions

  1. K-Beech, Inc. v. John Does 1-37District Court, E.D. New York · 2012
  2. Jarvis v. North American Globex Fund, L.P.District Court, E.D. New York · 2011
  3. Harrison v. New YorkDistrict Court, E.D. New York · 2015
  4. Rodriguez v. Almighty Cleaning, Inc.District Court, E.D. New York · 2011
  5. Joseph v. HDMJ Restaurant, Inc.District Court, E.D. New York · 2013

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