Legal Opinion
United States ex rel. DeLucia v. McMann
Court of Appeals for the Second Circuit
Decided March 7, 1967No. 301, Docket 30605PublishedCited by 15 opinions
1Opinion of the Court
WATERMAN, Circuit Judge:
State prisoners DeLucia and Montella appeal from an order of the United States District Court for the Northern District of New York denying without a hearing their joint application for a writ of habeas corpus.
After a jury trial appellants were convicted in the New York Supreme Court for Queens County of an attempted burglary in the third degree and of possession of burglar’s instruments. Information of jury misconduct, an unauthorized clandestine view by some jurors of the premises of the alleged crimes, was discovered by appellants after the jury’s verdict was…
2Cases cited10 opinions
- Clyde Mattox v. United StatesSupreme Court of the United States · 1892
- McDonald v. PlessSupreme Court of the United States · 1915
- Parker v. GladdenSupreme Court of the United States · 1966
- Bell v. MarylandSupreme Court of the United States · 1964
- United States of America Ex Rel. Augustine Bagley v. Honorable J. E. Lavallee, as Warden of Clinton State Prison, Dannemora, New YorkCourt of Appeals for the Second Circuit · 1964
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- United States of America Ex Rel. Craig S. Owen v. Hon. Daniel J. McMann Warden of Auburn State Prison, Auburn, New YorkCourt of Appeals for the Second Circuit · 1970
- People v. De LuciaNew York Court of Appeals · 1967
- United States v. WitherspoonUnited States Court of Military Appeals · 1983
- Joe J. B. O'Neil v. Louis S. Nelson, WardenCourt of Appeals for the Ninth Circuit · 1970
- United States Ex Rel. Gallo v. FolletteDistrict Court, S.D. New York · 1967
10 more not listed; retrieve them via the Exa API.