Legal Opinion

James Mizell v. The Attorney General of the State of New York and Ano.

Court of Appeals for the Second Circuit

Decided October 30, 1978No. 227, Docket 78-2059PublishedCited by 67 opinions

1Opinion of the Court

MULLIGAN, Circuit Judge:

James Mizell was convicted on September 10, 1971 in New York Supreme Court, Kings County, of robbery, petty larceny, assault and possession of a dangerous weapon. The record in the state court indicated that a jury of twelve plus two alternates was duly impaneled and sworn late in the afternoon of Wednesday, March 24, 1971. The state court judge gave the jury preliminary instructions and adjourned the case to the following morning. Mizell’s counsel requested a Wade hearing to determine the admissibility of certain identification testimony. A hearing was held and the…

2Cases cited32 opinions

  1. Mapp v. OhioSupreme Court of the United States · 1961
  2. Benton v. MarylandSupreme Court of the United States · 1969
  3. Linkletter v. WalkerSupreme Court of the United States · 1965
  4. Palko v. ConnecticutSupreme Court of the United States · 1937
  5. Carafas v. LaValleeSupreme Court of the United States · 1968

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

3Cited by67 opinions

  1. R.E. Rodgers and Barbara Rodgers v. James G. Watt, Secretary of the Interior of the United States of AmericaCourt of Appeals for the Ninth Circuit · 1983
  2. Douglas S. Lewis v. George AlexanderCourt of Appeals for the Sixth Circuit · 1993
  3. Wynn Satterlee v. Hugh WolfenbargerCourt of Appeals for the Sixth Circuit · 2006
  4. United States v. David Allen Bates Ricky Lee ArcherCourt of Appeals for the Ninth Circuit · 1991
  5. Robert M. Hensley v. The Chesapeake & Ohio Railway Company, a Corporation, Robert M. Hensley v. The Chesapeake & Ohio Railway Company, a CorporationCourt of Appeals for the Fourth Circuit · 1981

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

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