Legal Opinion

Cosentino v. Kelly

Court of Appeals for the Second Circuit

Decided December 16, 1996No. 689, Docket 96-2422PublishedCited by 7 opinions

1Per curiam

Petitioners Anthony Magana and Joseph Cosentino appeal from a May 13, 1996 judgment of the United States District Court for the Southern District of New York, denying their petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Magana and Cosentino challenge their state court convictions because certain of their family members, who had disrupted petitioners’ first trial and precipitated a mistrial, were excluded from petitioners’ second trial, at which they were convicted. We agree with Judge Conner that the state proceedings did not violate the petitioners’ Sixth Amendment right…

2Cases cited7 opinions

  1. Illinois v. AllenSupreme Court of the United States · 1970
  2. In Re OliverSupreme Court of the United States · 1948
  3. Waller v. GeorgiaSupreme Court of the United States · 1984
  4. United States of America Ex Rel. Philip Orlando, Relator-Appellant v. Edward M. Fay, Warden of Green Haven Prison, Stormville, New YorkCourt of Appeals for the Second Circuit · 1965
  5. Worthy v. United StatesSupreme Court of the United States · 1966

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3Cited by7 opinions

  1. Huminski v. CorsonesCourt of Appeals for the Second Circuit · 2005
  2. Huminski v. CorsonesCourt of Appeals for the Second Circuit · 2004
  3. Cosentino v. KellyCourt of Appeals for the Second Circuit · 1996
  4. Constant v. Pennsylvania Department of CorrectionsDistrict Court, W.D. Pennsylvania · 2012
  5. Cameron v. StateCourt of Criminal Appeals of Texas · 2016

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