Legal Opinion

Smith v. West

District Court, W.D. New York

Decided August 7, 2009No. 04-CV-0413(VEB)PublishedCited by 2 opinions

1Opinion of the Court

DECISION AND ORDER

VICTOR E. BIANCHINI, United States Magistrate Judge.

I. Background

Pro se petitioner William Smith (“Smith” or “petitioner”) has filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, seeking release from state custody on the basis that his judgment of conviction following a jury trial on two counts of Robbery in the First Degree, one count of Burglary in the First Degree and one count of Assault in the First Degree.

The prosecutor’s proof at trial showed that on March 26,1996, petitioner attacked the victim at her home, presumably with a knife, slitting her…

2Cases cited68 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Brady v. MarylandSupreme Court of the United States · 1963
  3. Williams v. TaylorSupreme Court of the United States · 2000
  4. Coleman v. ThompsonSupreme Court of the United States · 1991
  5. United States v. BagleySupreme Court of the United States · 1985

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3Cited by2 opinions

  1. Brevard v. McCarthyDistrict Court, E.D. New York · 2025
  2. Cedeno v. ArtusDistrict Court, W.D. New York · 2019

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