Legal Opinion
United States Ex Rel. Miller v. Follette
District Court, E.D. New York
Decided January 6, 1968No. 67 C 996PublishedCited by 14 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
WEINSTEIN, District Judge.
Petitioner was convicted of possessing burglar’s instruments and sentenced as a third felony offender after a jury trial. During his trial, he insisted on acting as his own attorney. He now seeks release from a state prison by writ of habeas corpus (28 U.S.C. § 2241) on the ground that he was deprived of due process of law by the prosecutor’s references to his failure to testify and by unfair comment on the inferences to be drawn from his choosing to appear pro se.
The transcript of defendant’s trial in Nassau County Court suggests the difficulties…
2Cases cited31 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Fay v. NoiaSupreme Court of the United States · 1963
- Griffin v. CaliforniaSupreme Court of the United States · 1965
26 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Booth v. StateCourt of Appeals of Maryland · 1987
- State v. BontempoNew Jersey Superior Court Appellate Division · 1979
- State v. JohnsonCourt of Appeals of Wisconsin · 1984
- United States ex rel. Miller v. FolletteCourt of Appeals for the Second Circuit · 1968
- State v. Tayari-GarrettCourt of Appeals of Minnesota · 2014
9 more not listed; retrieve them via the Exa API.