Legal Opinion

United States of America Ex Rel. John Cunningham v. The Hon. Harold W. Follette, Warden of Green Haven Prison, Stormville, N.Y.

Court of Appeals for the Second Circuit

Decided July 2, 1968No. 31831_1PublishedCited by 22 opinions

1Opinion of the Court

FEINBERG, Circuit Judge:

Following a- plea of guilty, appellant John Cunningham was convicted in 1964 in Supreme Court, New York County, of felonious possession of narcotics; he received a sentence as a second felony offender of five to eight years. Prior to his plea, Cunningham and his co-defendant, Barbara Davis, had unsuccessfully moved to suppress the narcotics taken from them when they were arrested. On the day of sentencing, Cunningham moved to withdraw his plea of guilty, but the motion was denied and sentence was imposed. After appealing in the state courts, 1 Cunningham filed an…

2Cases cited15 opinions

  1. Aguilar v. TexasSupreme Court of the United States · 1964
  2. Draper v. United StatesSupreme Court of the United States · 1959
  3. United States of America Ex Rel. James Rogers v. Warden of Attica State Prison, Attica, New YorkCourt of Appeals for the Second Circuit · 1967
  4. Thomas A. Kent v. United StatesCourt of Appeals for the First Circuit · 1959
  5. United States v. George RobinsonCourt of Appeals for the Second Circuit · 1965

10 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Haldane M. Plunkett v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1972
  2. United States v. Orlando Vasquez, Carlos Sanchez, Fernando Eugenio Medina, Amparo Valencia Medina, Clara Inez Mesa and Hernando MesaCourt of Appeals for the Second Circuit · 1980
  3. United States v. Jorge Gomez and Henry SernaCourt of Appeals for the Second Circuit · 1980
  4. United States v. Brian A. Anderson, Richard Quentin Felts, and Paul William Spicer,defendants-AppellantsCourt of Appeals for the Fifth Circuit · 1974
  5. United States v. Oscar Squella-AvendanoCourt of Appeals for the Fifth Circuit · 1971

17 more not listed; retrieve them via the Exa API.

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