Legal Opinion

Luxley George Malsh v. Robert Hanslmaier, Acting Superintendent, Woodbourne Correctional Facility

Court of Appeals for the Second Circuit

Decided December 12, 1996No. 657, Docket 96-2330PublishedCited by 3 opinions

1Per curiam

Luxley George Malsh appeals from Chief Judge McAvoy’s dismissal of his petition for a writ of habeas corpus. Malsh claims that the district court erred in failing to review the entire state court trial transcript with respect to his claim that the evidence presented at trial was legally insufficient to sustain his conviction. We disagree.

Malsh was convicted of possessing more than ⅛ ounce of cocaine, possessing cocaine with intent to sell it, and resisting arrest, following a jury trial held in Schenectady County Court. Malsh directly appealed the state court conviction on several grounds,…

2Cases cited5 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Simmons v. DalsheimDistrict Court, S.D. New York · 1982
  3. People v. MalshAppellate Division of the Supreme Court of the State of New York · 1992
  4. Neumann v. People of New YorkDistrict Court, S.D. New York · 1981
  5. Stahl v. State of NYDistrict Court, S.D. New York · 1981

3Cited by3 opinions

  1. Washington v. SchriverDistrict Court, S.D. New York · 2000
  2. Aaron v. KellyDistrict Court, S.D. New York · 1999
  3. Santana v. KuhlmannDistrict Court, S.D. New York · 2002

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