Legal Opinion
Davis v. Kelly
District Court, W.D. New York
Decided April 10, 1998No. 1:97-cr-00193PublishedCited by 3 opinions
1Opinion of the Court
DECISION AND ORDER
HECKMAN, United States Magistrate Judge.
In accordance with 28 U.S.C. § 636(c), the parties have consented to have the undersigned conduct all further proceedings in this petition for habeas corpus relief pursuant to 28 U.S.C. § 2254. For the reasons set forth below, the petition is dismissed.
BACKGROUND
Petitioner Julius Davis (“petitioner”) was indicted on two counts of Murder in the Second Degree under N.Y. Penal Law § 125.25(1), and one count of Criminal Possession of a Weapon in the Second Degree under N.Y. Penal Law § 265.03. 1 Those charges arose out of the shooting…
2Cases cited15 opinions
- Rose v. LundySupreme Court of the United States · 1982
- Spencer v. TexasSupreme Court of the United States · 1966
- William Daye v. Attorney General of the State of New York and Eugene Le Fevre, Superintendent, Greenhaven Correctional FacilityCourt of Appeals for the Second Circuit · 1982
- People v. GoetzNew York Court of Appeals · 1986
- Martin H. Tankleff v. D.A. Senkowski, Superintendent of Clinton Correctional FacilityCourt of Appeals for the Second Circuit · 1998
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3Cited by3 opinions
- Hernandez v. ConwayDistrict Court, W.D. New York · 2007
- Friedgood v. KeaneDistrict Court, E.D. New York · 1999
- Valdiviezo v. ShanleyDistrict Court, E.D. New York · 2024