Legal Opinion
Neil R. Cola v. Charles H. Reardon, Sheriff of Essex County
Court of Appeals for the First Circuit
Decided March 26, 1986No. 85-1324PublishedCited by 52 opinions
1Opinion of the Court
TORRUELLA, Circuit Judge.
This is an appeal from the denial of a habeas petition filed by Neil R. Cola to challenge his state court conviction under a Massachusetts statute. Appellant’s central contention is that he was not convicted by a jury but rather by a state appellate tribunal on a theory of guilt never raised at trial. Thus, because due process requires guilt to be determined based on the case as presented to the jury, Cola argues that his conviction was unconstitutionally affirmed on a theory of guilt not set forth at trial. Due to the Supreme Court’s decision in Dunn v. United…
2Cases cited34 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Wainwright v. SykesSupreme Court of the United States · 1977
- Berger v. United StatesSupreme Court of the United States · 1935
- Smith v. PhillipsSupreme Court of the United States · 1982
- Missouri v. HunterSupreme Court of the United States · 1983
29 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Lambert v. BlackwellCourt of Appeals for the Third Circuit · 2004
- United States v. Gennaro J. Angiulo, Donato F. Angiulo, Samuel S. Granito, Francesco J. Angiulo and Michele A. AngiuloCourt of Appeals for the First Circuit · 1990
- Lambert v. BlackwellCourt of Appeals for the Third Circuit · 2004
- United States v. James Harrison HathawayCourt of Appeals for the Sixth Circuit · 1986
- Robert Allen Gattis v. Robert Snyder, Warden, Delaware Correctional CenterCourt of Appeals for the Third Circuit · 2002
47 more not listed; retrieve them via the Exa API.