Legal Opinion

United States of America Ex Rel. Harvey A. Marcelin v. Vincent Mancusi, Superintendent of Attica State Prison, Attica, New York

Court of Appeals for the Second Circuit

Decided May 22, 1972No. 419, Docket 71-1974PublishedCited by 42 opinions

1Opinion of the Court

TIMBERS, Circuit Judge:

The essential issue raised on this appeal is whether petitioner, presently incarcerated at Attica State Prison, was denied his Sixth Amendment right to the effective assistance of counsel1 at his trial for first degree murder in the New York Supreme Court, New York County, in 1963; more specifically, whether his counsel, under all the circumstances, failed to make an adequate investigation to determine whether there was a basis upon which to interpose a defense that petitioner was legally insane at the time of the commission of the crime. After a four day evidentiary…

2Cases cited24 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. Powell v. AlabamaSupreme Court of the United States · 1932
  4. United States v. WightCourt of Appeals for the Second Circuit · 1949
  5. Charles Earl Brubaker v. Fred R. Dickson, Warden of the California State Prison at San Quentin, CaliforniaCourt of Appeals for the Ninth Circuit · 1962

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

3Cited by42 opinions

  1. United States v. Tyrone Smith, United States of America v. Anthony E. GartrellCourt of Appeals for the D.C. Circuit · 1976
  2. United States v. McArthur Edwards, AKA Edwards McArthur and Charles Darnell WardCourt of Appeals for the Fifth Circuit · 1974
  3. United States v. BubarCourt of Appeals for the Second Circuit · 1977
  4. Garrett Brock Trapnell v. United StatesCourt of Appeals for the Second Circuit · 1983
  5. United States v. Bryan Canniff and John BenignoCourt of Appeals for the Second Circuit · 1975

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

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