Legal Opinion

Forman v. Smith

District Court, W.D. New York

Decided December 26, 1979No. Civ. 75-518PublishedCited by 6 opinions

1Opinion of the Court

CURTIN, Chief Judge.

Petitioner Edward C. Forman was convicted of second degree murder after a jury trial in New York Supreme Court, Erie County, in January 1973. In February of that year a brief recantation hearing was held before the trial judge, the Honorable Charles Gaughan, to determine whether the petitioner’s wife, codefendant Florence McClain, was recanting part of her trial testimony which had implicated the petitioner. A motion to set aside the verdict based on the alleged recantation was denied in May 1973. The Appellate Division affirmed the conviction without opinion. People v.…

2Cases cited33 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Johnson v. ZerbstSupreme Court of the United States · 1938
  3. Faretta v. CaliforniaSupreme Court of the United States · 1975
  4. United States v. WadeSupreme Court of the United States · 1967
  5. Wainwright v. SykesSupreme Court of the United States · 1977

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3Cited by6 opinions

  1. Eugene Jerome Joseph Klein v. David Harris, Superintendent, Green Haven Correctional Facility, Robert Abrams, Attorney GeneralCourt of Appeals for the Second Circuit · 1981
  2. Edward C. Forman v. Harold J. Smith, Superintendent, Attica Correctional Facility, RespondentCourt of Appeals for the Second Circuit · 1980
  3. United States v. Manzanilla-De-JesusDistrict Court, S.D. New York · 1981
  4. Hill v. SnowDistrict Court, S.D. New York · 1984
  5. Bell v. New YorkDistrict Court, S.D. New York · 1981

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