Legal Opinion
Spence v. Superintendent
District Court, E.D. New York
Decided November 18, 1997No. 95 CV 3296 RRPublishedCited by 5 opinions
1Opinion of the Court
RAGGI, District Judge.
Donovan Spence, who is presently incarcerated for armed robbery and related crimes, petitions this court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1994 & Supp.1997). Spence pleaded guilty to these crimes in 1992 pursuant to an agreement that originally contemplated a probationary sentence on satisfactory completion of various conditions, including one that he not be rearrested. Within a few weeks of his plea, Spence was again arrested and charged with a second robbery. As a result, the sentencing judge in his original case found him to have breached his…
2Cases cited46 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Illinois v. GatesSupreme Court of the United States · 1983
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Teague v. LaneSupreme Court of the United States · 1989
- Ornelas v. United StatesSupreme Court of the United States · 1996
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3Cited by5 opinions
- Donovan Spence v. Superintendent, Great Meadow Correctional Facility, and Commissioner, New York State Department of Correctional ServicesCourt of Appeals for the Second Circuit · 2000
- Jordan v. LefevreDistrict Court, S.D. New York · 1998
- Howard v. LacyDistrict Court, S.D. New York · 1999
- Janick v. Superintendent, Franklin Correctional FacilityDistrict Court, W.D. New York · 2005
- State v. StevensSupreme Court of Connecticut · 2006