Legal Opinion

Mercado v. Stinson

District Court, S.D. New York

Decided February 10, 1999No. 98 Civ. 0551(HB)AJPPublishedCited by 3 opinions

1Opinion of the Court

ORDER

BAER, District Judge.

I referred this habeas corpus petition to Magistrate Judge Peck on February 17, 1998. On August 4, 1998, Magistrate Judge Peck issued a Report and Recommendation which recommended that petitioner’s request for habeas relief be denied on the grounds that while the trial court violated petitioner’s Sixth Amendment Confrontation Clause Rights, the error was harmless and that the trial judge’s response to the jury’s question was not erroneous under New York law.

The Report and Recommendation advised the parties of their obligation to file timely objections under 28 U.S.C.…

2Cases cited53 opinions

  1. Thomas v. ArnSupreme Court of the United States · 1986
  2. Kotteakos v. United StatesSupreme Court of the United States · 1946
  3. Brecht v. AbrahamsonSupreme Court of the United States · 1993
  4. Delaware v. Van ArsdallSupreme Court of the United States · 1986
  5. Davis v. AlaskaSupreme Court of the United States · 1974

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3Cited by3 opinions

  1. Fowler v. StateIndiana Supreme Court · 2005
  2. Avincola v. StinsonDistrict Court, S.D. New York · 1999
  3. Gillette v. GreinerDistrict Court, S.D. New York · 1999

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