Legal Opinion
People ex rel. Fein v. Follette
New York Supreme Court
Decided January 19, 1970PublishedCited by 4 opinions
1Opinion of the CourtW. Vincent Grady, J.
This writ of habeas corpus raises two issues concerning the illegality of relator’s sentence of 30 years to life imposed by Mr. Justice Cumin for murder in the second degree after a jury trial in the Supreme Court, New York County.
i
DID SECTION 597 OF THE NEW YORK JUDICIARY LAW, AS APPLIED IN NEW YORK COUNTY, VIOLATE THE DUE PROCESS AND EQUAL PROTECTION CLAUSES OF THE FOURTEENTH AMENDMENT AND THE RIGHT TO TRIAL BY AN IMPARTIAL JURY UNDER THE SIXTH AMENDMENT BY SYSTEMATICALLY EXCLUDING FROM GRAND AND PETIT JURIES INDIVIDUALS WHO HAD CONSCIENTIOUS SCRUPLES AGAINST CAPITAL PUNISHMENT?
This issue…
2Cases cited12 opinions
- Witherspoon v. IllinoisSupreme Court of the United States · 1968
- Bumper v. North CarolinaSupreme Court of the United States · 1968
- Snyder v. MassachusettsSupreme Court of the United States · 1934
- Johnson v. United StatesSupreme Court of the United States · 1943
- Fay v. New YorkSupreme Court of the United States · 1947
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. BaileyAppellate Division of the Supreme Court of the State of New York · 1989
- People ex rel. Fein v. FolletteAppellate Division of the Supreme Court of the State of New York · 1970
- People v. MullenNew York Court of Appeals · 1978
- Markowitz v. FeinAppellate Division of the Supreme Court of the State of New York · 1972