Legal Opinion

Curtis v. Fischer

District Court, W.D. New York

Decided August 8, 2005No. 02 CV 6226Published

1Opinion of the Court

DECISION AND ORDER

BIANCHINI, United States Magistrate Judge.

Petitioner, Richard Curtis (“Curtis”), filed this pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his 1999 conviction in Livingston County Court on burglary and other charges. Curtis alleges the following grounds for relief: (1) he was not present in court to controvert the second felony offender statement used to enhance his sentence, and therefore he was illegally sentenced in absentia; and (2) his exculpatory statement, given in the absence of Miranda warnings, was improperly admitted at trial.…

2Cases cited21 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Estelle v. McGuireSupreme Court of the United States · 1991
  3. Illinois v. AllenSupreme Court of the United States · 1970
  4. Snyder v. MassachusettsSupreme Court of the United States · 1934
  5. Dowling v. United StatesSupreme Court of the United States · 1990

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