Legal Opinion

Whitley v. Ercole

District Court, S.D. New York

Decided September 19, 2007No. 06 Civ. 10198(AKH)PublishedCited by 24 opinions

1Opinion of the Court

OPINION AND ORDER GRANTING PETITIONER’S MOTION TO STAY

HELLERSTEIN, District Judge.

On August 3, 2006, petitioner Darryl Whitley filed a petition for a writ of habeas corpus in this Court, seeking review of the constitutionality of his convictions and of his sentence pursuant to 28 U.S.C. § 2254. By papers dated November 28, 2006, Petitioner moved the New York State trial court in which he was convicted to vacate his conviction pursuant to New York Criminal Procedure Law (“N.Y.C.P.L.”) § 440.10. Approximately six weeks later, by papers dated January 10, 2007, Petitioner moved this Court for an…

2Cases cited16 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Coleman v. ThompsonSupreme Court of the United States · 1991
  3. Rose v. LundySupreme Court of the United States · 1982
  4. Pace v. DiGuglielmoSupreme Court of the United States · 2005
  5. Rhines v. WeberSupreme Court of the United States · 2005

11 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Fairchild v. WorkmanCourt of Appeals for the Tenth Circuit · 2009
  2. Whitley v. ErcoleDistrict Court, S.D. New York · 2010
  3. Whitley v. ErcoleDistrict Court, S.D. New York · 2013
  4. Anonymous v. MillerDistrict Court, S.D. New York · 2024
  5. Brims v. ColladoDistrict Court, S.D. New York · 2022

19 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API