Legal Opinion

United States of America Ex Rel. Ernest J. Bolognese E-9803 v. Joseph R. Brierley, Superintendent

Court of Appeals for the Third Circuit

Decided May 28, 1969No. 17488_1PublishedCited by 16 opinions

1Opinion of the Court

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The appellant was convicted of first-degree murder by a Pennsylvania state court jury in September, 1959. Following conviction and before sentencing, his attorneys filed a motion for a new trial, alleging generally that the verdict was against the law, .the evidence, and the charge of the court, and assigning error to certain portions of the charge.1 Under Pennsylvania practice, such a motion must be filed to perfect an appeal to the state supreme court.2

On February 4, 1960, the appellant appeared with his attorneys before the court en banc and…

2Cases cited21 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Johnson v. ZerbstSupreme Court of the United States · 1938
  3. Townsend v. SainSupreme Court of the United States · 1963
  4. Fay v. NoiaSupreme Court of the United States · 1963
  5. Griffin v. IllinoisSupreme Court of the United States · 1956

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

3Cited by16 opinions

  1. United States of America Ex Rel. John G. O'Brien C-8019 v. J. F. Maroney, Superintendent, State Correctional Institution at Pittsburgh, PennsylvaniaCourt of Appeals for the Third Circuit · 1970
  2. Commonwealth v. TateSupreme Court of Pennsylvania · 1975
  3. Carrico v. GriffithWest Virginia Supreme Court · 1980
  4. United States ex rel. Henderson v. BrierleyDistrict Court, E.D. Pennsylvania · 1969
  5. United States ex rel. Payton v. RundleCourt of Appeals for the Third Circuit · 1972

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

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