Legal Opinion
Fong v. Poole
District Court, S.D. New York
Decided November 21, 2007No. 06 Civ. 1719(GEL)PublishedCited by 6 opinions
1Opinion of the Court
OPINION AND ORDER
GERARD E. LYNCH, District Judge.
Jose Fong, an inmate at the Clinton Correctional Facility, petitions for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, arguing that the Allen charge issued to the jury during his trial deprived him of his constitutional rights to a fair trial and due process. The petition will be granted.
BACKGROUND
Only facts relevant to the present petition will be recited here.
Jose Fong (“Fong” or “petitioner”) is currently serving a sentence of six and one-half to thirteen years’ imprisonment stemming from his 2003 conviction for distribution of a…
2Cases cited91 opinions
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Estelle v. McGuireSupreme Court of the United States · 1991
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- Atkins v. VirginiaSupreme Court of the United States · 2002
- Allen v. United StatesSupreme Court of the United States · 1896
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3Cited by6 opinions
- United States v. McDonaldDistrict Court, S.D. New York · 2011
- Wright v. DuncanDistrict Court, N.D. New York · 2011
- Brown v. GreeneCourt of Appeals for the Second Circuit · 2009
- Brown v. GreeneCourt of Appeals for the Second Circuit · 2009
- Brown v. GreeneCourt of Appeals for the Second Circuit · 2009
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