Legal Opinion
Wiesner v. Abrams
District Court, E.D. New York
Decided December 4, 1989No. CV 87-3108PublishedCited by 18 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
DEARIE, District Judge.
Neal Wiesner (“petitioner”), currently an inmate at the Clinton Correctional Facility, petitions for habeas corpus relief pursuant to 28 U.S.C. § 2254, alleging (1) that he was denied his right to represent himself at his trial, (2) that he was denied effective assistance of counsel, and (3) that his trial was fundamentally unfair and amounted to a denial of due process.
For the reasons set forth below, the petition is granted and respondent is directed either to retry petitioner or to release him within ninety days of this order.
FACTS
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2Cases cited18 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Faretta v. CaliforniaSupreme Court of the United States · 1975
- People v. McIntyreNew York Court of Appeals · 1974
- United States v. Odell BennettCourt of Appeals for the Tenth Circuit · 1976
13 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- People v. DennanyMichigan Supreme Court · 1994
- State v. RichardsSupreme Court of Minnesota · 1990
- Hodge v. HendersonDistrict Court, S.D. New York · 1990
- Pitts v. RedmanDistrict Court, D. Delaware · 1991
- State v. James MenizeSupreme Court of Vermont · 2023
13 more not listed; retrieve them via the Exa API.