Legal Opinion

Silverman v. Edwards

Court of Appeals for the Second Circuit

Decided July 7, 2003No. 02-2148PublishedCited by 5 opinions

1Opinion of the Court

SUMMARY ORDER

Petitioner-appellant David Silverman appeals from a judgment of the United States District Court for the Eastern District of New York (John Gleeson, Judge), denying his petition for habeas corpus seeking relief from his New York State conviction for assault in the first degree, in violation of New York Penal Law § 120.10(1). See 28 U.S.C. § 2254. We issued a certificate of appealability on the issue of whether Silverman’s due process right to a fair trial was violated when the trial court failed to instruct the jury that the first-degree-assault charge was limited to the use of a…

2Cases cited10 opinions

  1. Lee v. KemnaSupreme Court of the United States · 2002
  2. Richard Cotto v. Victor Herbert, Warden, Attica Correctional FacilityCourt of Appeals for the Second Circuit · 2003
  3. People v. LuperonNew York Court of Appeals · 1995
  4. People v. JonesAppellate Division of the Supreme Court of the State of New York · 1981
  5. Robert Lee Williams v. Michael Lane, Director, Department of Corrections, and Neil F. Hartigan, Attorney General of the State of IllinoisCourt of Appeals for the Seventh Circuit · 1987

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3Cited by5 opinions

  1. Fields v. N.Y.S.D.O.C.C.S.District Court, E.D. New York · 2023
  2. James Niederstadt v. Jeremiah NixonCourt of Appeals for the Eighth Circuit · 2007
  3. Niederstadt v. NixonCourt of Appeals for the Eighth Circuit · 2007
  4. Niederstadt v. NixonCourt of Appeals for the Eighth Circuit · 2007
  5. Watson v. Superintendent of Greene Correctional FacilityDistrict Court, E.D. New York · 2023

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