Legal Opinion
Benn v. Stinson
District Court, S.D. New York
Decided September 13, 1995No. 94 Civ. 3925 (SHS) (AJP)PublishedCited by 11 opinions
1Opinion of the Court
ORDER
STEIN, District Judge.
The Court has before it the Report and Recommendation of Magistrate Judge Peck dated July 17, 1995, and the Objections to that Report and Recommendation by petitioner dated August 18,1995.
The law is clear that a court reporter’s failure to note a defendant’s presence is insufficient to rebut the presumption of regularity which attaches to criminal proceedings. See cases cited at pp. 12-14 of the Report and Recommendation. As the Magistrate Judge wrote, “Benn’s only evidence of his absence is the court clerk’s statement in the transcript that Benn was not present at…
2Cases cited25 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Thomas v. ArnSupreme Court of the United States · 1986
- Jones v. BarnesSupreme Court of the United States · 1983
- Illinois v. AllenSupreme Court of the United States · 1970
- People v. HarrisNew York Court of Appeals · 1983
20 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Torres v. IrvinDistrict Court, S.D. New York · 1998
- Franza v. StinsonDistrict Court, S.D. New York · 1999
- Avincola v. StinsonDistrict Court, S.D. New York · 1999
- Diaz v. GreinerDistrict Court, S.D. New York · 2000
- Roa v. PortuondoDistrict Court, S.D. New York · 2008
6 more not listed; retrieve them via the Exa API.