Legal Opinion
Kelly v. Smith
District Court, E.D. New York
Decided January 17, 1977No. 76 C 850PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM ORDER
NEAHER, District Judge.
Petitioner was convicted of the possession and sale of drugs in the Supreme Court of Kings County on March 14, 1972. On November 28, 1973, a coram nobis petition under New York Criminal Procedure Law § 440.10 was filed. Petitioner charged illegal grand jury composition by systematic exclusion of blacks. No objection to grand jury composition had been made at trial. Relief was denied by the Appellate Division on February 11, 1974, affirmed by the New York Court of Appeals on April 2, 1974. This petition for federal habeas corpus relief, containing the…
2Cases cited14 opinions
- Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
- Hanover Shoe, Inc. v. United Shoe MacHinery Corp.Supreme Court of the United States · 1968
- Parker v. North CarolinaSupreme Court of the United States · 1970
- Francis v. HendersonSupreme Court of the United States · 1976
- Davis v. United StatesSupreme Court of the United States · 1973
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3Cited by1 opinion
- Guyton v. LeFevreDistrict Court, S.D. New York · 1983