Legal Opinion
Green v. Fogg
District Court, S.D. New York
Decided November 16, 1976No. 76 Civ. 4869 (MP)PublishedCited by 3 opinions
1Opinion of the Court
OPINION
POLLACK, District Judge.
Petitioner, a state prisoner, seeks a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, on the ground that he was convicted in alleged violation of due process when (a) he was required to disclose his alibi witnesses without obtaining reciprocal discovery of the prosecution’s rebuttal witnesses, and (b) he was found guilty of robbery in the first degree without affirmative proof by the prosecution of an essential element of that crime, namely, that the weapon he carried was loaded.1 He requests that he be released from custody unless the state conducts a new…
2Cases cited5 opinions
- Hicks v. MirandaSupreme Court of the United States · 1975
- Wardius v. OregonSupreme Court of the United States · 1973
- People v. FelderAppellate Division of the Supreme Court of the State of New York · 1972
- People v. FelderNew York Court of Appeals · 1973
- Farrell v. CzarnetskyDistrict Court, S.D. New York · 1976
3Cited by3 opinions
- Jackson v. FoggDistrict Court, S.D. New York · 1978
- United States ex rel. Hairston v. WardenCourt of Appeals for the Seventh Circuit · 1979
- United States Ex Rel. Leroy Hairston v. WardenCourt of Appeals for the Seventh Circuit · 1979