Legal Opinion

Benjamin v. Fischer

District Court, S.D. New York

Decided December 23, 2002No. 02 Civ. 679(SAS)PublishedCited by 6 opinions

1Opinion of the Court

AMENDED OPINION AND ORDER

SCHEINDLIN, District Judge.

I. INTRODUCTION

Donald Benjamin (“petitioner”), an inmate at the Sing Sing Correctional Facility in Ossining, New York, brings this petition for a writ of habeas corpus pursuant to section 2254 of Title 28 of the United States Code (“ § 2254”). On March 19, 1997, following a jury trial, Benjamin was convicted of one count of burglary in the second degree and one count of robbery in the third degree and was sentenced to eight years of imprisonment.

Benjamin’s first claim is that his Sixth Amendment rights to be tried by an impartial jury and to…

2Cases cited39 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Williams v. TaylorSupreme Court of the United States · 2000
  3. United States v. WadeSupreme Court of the United States · 1967
  4. Brecht v. AbrahamsonSupreme Court of the United States · 1993
  5. Picard v. ConnorSupreme Court of the United States · 1971

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3Cited by6 opinions

  1. United States v. Vernon Snype, Marisa HicksCourt of Appeals for the Second Circuit · 2006
  2. United States v. Martha Stewart and Peter BacanovicCourt of Appeals for the Second Circuit · 2006
  3. United States v. Tin Yat ChinDistrict Court, E.D. New York · 2003
  4. Benjamin v. FischerCourt of Appeals for the Second Circuit · 2004
  5. Bowers v. WalshDistrict Court, W.D. New York · 2003

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