Legal Opinion
Barry Warren Kibbe v. Robert J. Henderson, Superintendent, Auburn Correctional Facility
Court of Appeals for the Second Circuit
Decided May 5, 1976No. 554, Docket 75-2128PublishedCited by 15 opinions
1Opinion of the Court
LUMBARD, Circuit Judge:
After a jury trial in New York’s Monroe County Court, Barry Warren Kibbe was found guilty on November 30, 1971 of murder, robbery in the second degree and grand larceny in the third degree. He brings this appeal from an order of the Northern District denying his petition for habeas corpus which was sought, in part, because the trial judge failed to charge the jury with respect to causation of death on the murder count. The bizarre circumstances that prompted Kibbe’s apprehension and conviction for murder present one of those rare cases in which a habeas corpus petition…
2Cases cited22 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Stone v. PowellSupreme Court of the United States · 1976
- Fay v. NoiaSupreme Court of the United States · 1963
- Screws v. United StatesSupreme Court of the United States · 1945
17 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Henderson v. KibbeSupreme Court of the United States · 1977
- Arthur Richard Gates v. Robert J. Henderson, Superintendent, Auburn Correctional FacilityCourt of Appeals for the Second Circuit · 1978
- State v. SpatesSupreme Court of Connecticut · 1978
- MacIo Ennis v. E. Lefevre, Superintendent, Clinton Correctional Facility, RespondentCourt of Appeals for the Second Circuit · 1977
- State v. HendersonConnecticut Appellate Court · 1995
10 more not listed; retrieve them via the Exa API.