Legal Opinion
Mizell v. Attorney General of State of NY
District Court, E.D. New York
Decided December 29, 1977No. 76 C 2161PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
NICKERSON, District Judge.
Petitioner, convicted on September 10, 1971 in New York Supreme Court, Kings County, of robbery, petty larceny, assault, and possession of a dangerous weapon, has applied for a writ of habeas corpus, alleging that his conviction violated the double jeopardy clause of the Fifth Amendment, applicable “to the States through the Fourteenth Amendment.” Benton v. Maryland, 395 U.S. 784, 794, 89 S.Ct. 2056, 2062, 23 L.Ed.2d 707 (1969).
The transcripts of the state court proceedings against petitioner and another defendant reveal the following facts. Late…
2Cases cited18 opinions
- United States v. WadeSupreme Court of the United States · 1967
- Benton v. MarylandSupreme Court of the United States · 1969
- Swain v. AlabamaSupreme Court of the United States · 1965
- Taylor v. LouisianaSupreme Court of the United States · 1975
- United States v. JornSupreme Court of the United States · 1971
13 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Crist v. BretzSupreme Court of the United States · 1978
- James Mizell v. The Attorney General of the State of New York and Ano.Court of Appeals for the Second Circuit · 1978
- In Re Mark R.Court of Appeals of Maryland · 1982
- McCorkle v. StateCourt of Special Appeals of Maryland · 1993
- James Mizell v. The Attorney General of the State of New York and Ano.Court of Appeals for the Second Circuit · 1978
2 more not listed; retrieve them via the Exa API.