Legal Opinion

Collins v. Scully

District Court, S.D. New York

Decided March 6, 1984No. 83 Civ. 2361 (CES)PublishedCited by 5 opinions

1Opinion of the Court

STEWART, District Judge:

Petitioner George “Danny” Collins seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on the grounds that the state trial judge’s charge to the jury on intent impermissibly shifted the burden of proof to him, and that a detective’s testimony at trial contained hearsay which was highly prejudicial. Petitioner claims that the alleged errors were so violative of due process that he was denied a fair trial as guaranteed by the Fourteenth Amendment.

On the afternoon of May 9, 1977, three men attempted to hold up the jewelry store of Arthur and Ehrna Schwartz, located…

2Cases cited21 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Chambers v. MississippiSupreme Court of the United States · 1973
  3. Sandstrom v. MontanaSupreme Court of the United States · 1979
  4. Harrington v. CaliforniaSupreme Court of the United States · 1969
  5. William Daye v. Attorney General of the State of New York and Eugene Le Fevre, Superintendent, Greenhaven Correctional FacilityCourt of Appeals for the Second Circuit · 1982

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3Cited by5 opinions

  1. George Danny Collins v. Charles ScullyCourt of Appeals for the Second Circuit · 1985
  2. Jenkins v. BaraDistrict Court, E.D. New York · 1987
  3. McLean v. McGinnisDistrict Court, E.D. New York · 1998
  4. Alvarez v. ScullyDistrict Court, S.D. New York · 1993
  5. Arce v. SmithDistrict Court, S.D. New York · 1989

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