Legal Opinion

Sher v. Stoughton

District Court, N.D. New York

Decided June 10, 1981No. 77-CV-402PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM — DECISION AND ORDER

MUNSON, Chief Judge.

On October 31, 1980, this Court granted the petitioner’s application for a writ of habeas corpus, finding that the petitioner had been denied his right to a fair and impartial trial by jury and his right to confront all evidence against him, as guaranteed by the Sixth and Fourteenth Amendments. On March 5, 1981, the Second Circuit, 657 F.2d 264, vacated this Court’s decision in light of the strictures imposed by Sumner v. Mata, — U.S. —, 101 S.Ct. 764, 66 L.Ed.2d 722 (1981) upon federal judicial review of state court findings of fact.

On…

2Cases cited77 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Bruton v. United StatesSupreme Court of the United States · 1968
  3. Gregg v. GeorgiaSupreme Court of the United States · 1976
  4. Cuyler v. SullivanSupreme Court of the United States · 1980
  5. Lockett v. OhioSupreme Court of the United States · 1978

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3Cited by6 opinions

  1. Coleman v. RisleyMontana Supreme Court · 1983
  2. State v. McKeenSupreme Court of Vermont · 1996
  3. United States Ex Rel. Veal v. WolffDistrict Court, N.D. Illinois · 1981
  4. Sher v. StoughtonCourt of Appeals for the Second Circuit · 1981
  5. Coleman v. RisleyMontana Supreme Court · 1983

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