Legal Opinion

United States Ex Rel. Leonardo Salemi v. Wilfred L. Denno, Warden of Sing Sing Prison

Court of Appeals for the Second Circuit

Decided August 16, 1956No. 381, Docket 24067PublishedCited by 7 opinions

1Opinion of the Court

WATERMAN, Circuit Judge.

Petitioner, a state prisoner condemned to death, appeals from an order of the district court denying his application for a writ of habeas corpus. He claims that his confinement is in violation of the due process clause of the Fourteenth Amendment to the United States Constitution because his conviction rests on *911evidence which has since been discredited, and because New York has denied him the opportunity to present after-discovered evidence to a jury before sending him to his death. The facts are fully stated and discussed in the majority and dissenting opinions of the…

2Cases cited4 opinions

  1. Brown v. AllenSupreme Court of the United States · 1953
  2. United States Ex Rel. Smith v. BaldiSupreme Court of the United States · 1953
  3. People v. SalemiNew York Court of Appeals · 1955
  4. John R. Cranor, Superintendent of the Washington State Penitentiary at Walla Walla, Washington v. Albert GonzalesCourt of Appeals for the Ninth Circuit · 1955

3Cited by7 opinions

  1. The United States of America Ex Rel. Ahmed Kassim, Relator-Appellant v. Walter H. Wilkins, Warden of Attica State PrisonCourt of Appeals for the Second Circuit · 1962
  2. United States ex rel. Kling v. La ValleeDistrict Court, N.D. New York · 1960
  3. United States ex rel. Holland v. MurphyDistrict Court, N.D. New York · 1963
  4. United States Ex Rel. Leonardo Salemi v. Wilfred L. Denno, Warden of Sing Sing PrisonCourt of Appeals for the Second Circuit · 1956
  5. United States ex rel. Bartolillo v. LavalleeDistrict Court, N.D. New York · 1960

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