Legal Opinion

William R. Phillips v. Harold J. Smith, Superintendent, Attica Correctional Facility

Court of Appeals for the Second Circuit

Decided September 26, 1980No. 1303, Docket 80-2099PublishedCited by 19 opinions

1Opinion of the Court

NICKERSON, District Judge:

This is an appeal from a judgment entered on the order of the District Court, Lawrence W. Pierce, Judge, granting petitioner William R. Phillips a writ of habeas corpus unless he is retried.

Phillips, a former New York City police officer, was indicted by a New York County grand jury on March 29, 1972 for the 1968 murders of a pimp and a prostitute and for the attempted murder of a customer of the bordello where the crimes occurred. In August 1972 Phillips’ first trial ended in a hung jury, deadlocked, he claims, ten to two for acquittal. On November 21, 1974, after a…

2Cases cited13 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Giglio v. United StatesSupreme Court of the United States · 1972
  3. United States v. AgursSupreme Court of the United States · 1976
  4. Napue v. IllinoisSupreme Court of the United States · 1959
  5. Duncan v. LouisianaSupreme Court of the United States · 1968

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3Cited by19 opinions

  1. Smith v. PhillipsSupreme Court of the United States · 1982
  2. Abell v. Potomac Insurance CompanyCourt of Appeals for the Fifth Circuit · 1988
  3. Larry Leon Chaney v. John N. Brown, Warden, Oklahoma State Penitentiary, McAlester OklahomaCourt of Appeals for the Tenth Circuit · 1984
  4. United States v. FerriCourt of Appeals for the Third Circuit · 1985
  5. State of Iowa v. Lee Samuel ChristensenSupreme Court of Iowa · 2019

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