Legal Opinion
United States Ex Rel. Eugene Fitzgerald v. E. J. Lavallee, Superintendent
Court of Appeals for the Second Circuit
Decided May 23, 1972No. 681, Docket 72-1085PublishedCited by 19 opinions
1Opinion of the Court
MANSFIELD, Circuit Judge:
Following an evidentiary hearing the district court granted the application of petitioner, a state prisoner, for a writ of habeas corpus on the ground that his 20-year old plea of guilty to an indictment in the Supreme Court, Kings County, charging him with attempted violation of § 1751 of the former Penal Law, McKinney’s Consol.Laws, c. 40 (relating to possession of heroin) was involuntary. Judge Weinstein found that at the time of the plea Fitzgerald was under the influence of heroin and did not appreciate or understand the significance of his action. Petitioner has…
2Cases cited14 opinions
- Dusky v. United StatesSupreme Court of the United States · 1960
- United States of America Ex Rel. Roy Schuster, Relator-Appellant v. Ross E. Herold, M.D., Director of Dannemora State Hospital, Dannemora, New YorkCourt of Appeals for the Second Circuit · 1969
- United States v. William E. SullivanCourt of Appeals for the Second Circuit · 1969
- Sewell v. LainsonSupreme Court of Iowa · 1953
- Bernarr Zovluck v. United StatesCourt of Appeals for the Second Circuit · 1971
9 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- UNITED STATES of America, Appellee, v. Thomas DUVALL and Henry Jones, Defendants-AppellantsCourt of Appeals for the Second Circuit · 1976
- United States v. Jessie Oliver and Gregory CooperCourt of Appeals for the Second Circuit · 1980
- Edward H. Harned, Jr. v. Robert J. Henderson, Superintendent, Auburn Correctional FacilityCourt of Appeals for the Second Circuit · 1978
- United States of America Ex Rel. Albert Curtis v. Hon. John Zelker, Superintendent of Green Haven Correctional Facility, Stormville, New YorkCourt of Appeals for the Second Circuit · 1972
- United States v. Cole, Reginald. Appeal of Reginald ColeCourt of Appeals for the Third Circuit · 1987
14 more not listed; retrieve them via the Exa API.