Legal Opinion
Application of Kapatos
District Court, S.D. New York
Decided July 5, 1962PublishedCited by 46 opinions
1Opinion of the Court
PALMIERI, District Judge.
This is a petition for a writ of habeas corpus by a state prisoner who was convicted of Murder in the Second Degree in the death of Albert DiLlulio and sentenced on November 29, 1938 to a prison term of twenty years to life. 1 He was subsequently released on parole and is presently imprisoned for breach of parole. A writ of error coram nobis was denied after hearing by the state court. 2
The petition for a writ of habeas corpus alleges two grounds for relief: (1) Petitioner alleges that the prosecutor’s failure to produce a statement given to an assistant district…
2Cases cited12 opinions
- Napue v. IllinoisSupreme Court of the United States · 1959
- Mooney v. HolohanSupreme Court of the United States · 1935
- Pyle v. KansasSupreme Court of the United States · 1942
- Alcorta v. TexasSupreme Court of the United States · 1957
- White v. RagenSupreme Court of the United States · 1945
7 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- William B. Barbee v. Warden, Maryland PenitentiaryCourt of Appeals for the Fourth Circuit · 1964
- United States of America Ex Rel. Thomas Meers, Relator-Appellee v. Walter H. Wilkins, Warden of Attica State Prison, Attica, New YorkCourt of Appeals for the Second Circuit · 1964
- Milton M. Levin v. Nicholas Deb. Katzenbach, Attorney General of the United StatesCourt of Appeals for the D.C. Circuit · 1966
- Venson Eugene Williams v. A. L. Dutton, Warden of the State Prison at Reidsville, GeorgiaCourt of Appeals for the Fifth Circuit · 1968
- United States v. James Allen HiblerCourt of Appeals for the Ninth Circuit · 1972
41 more not listed; retrieve them via the Exa API.