Legal Opinion
United States of America Ex Rel. Joseph Cummings v. John L. Zelker, Warden, Green Haven Prison, Stormville, New York
Court of Appeals for the Second Circuit
Decided May 15, 1972No. 174, Docket 71-1609PublishedCited by 46 opinions
1Opinion of the Court
ZAMPANO, District Judge:
In 1969, petitioner Joseph Cummings was convicted in the County Court of Nassau County, New York, of burglary in the third degree, and was sentenced to a term of imprisonment for seven years. Having exhausted his state appellate remedies, the petitioner applied to the. United States District Court for the Eastern District of New York, John R. Bartels, J., for habeas relief on the ground that the victim’s in-court identification testimony was tainted by two allegedly impermissible pretrial identification procedures used by the police. In a well-reasoned opinion, 329…
2Cases cited12 opinions
- United States v. WadeSupreme Court of the United States · 1967
- Simmons v. United StatesSupreme Court of the United States · 1968
- Stovall v. DennoSupreme Court of the United States · 1967
- George W. Bates v. United StatesCourt of Appeals for the D.C. Circuit · 1968
- United States of America Ex Rel. Robert Phipps, Relator-Appellant v. Harold W. Follette, as Warden of Green Haven Prison, at Stormville, New YorkCourt of Appeals for the Second Circuit · 1970
7 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Fed. Sec. L. Rep. P 94,517 United States of America v. Philip Zane, and Morton S. KaplanCourt of Appeals for the Second Circuit · 1974
- Brisco v. ErcoleCourt of Appeals for the Second Circuit · 2009
- United States Ex Rel. Carl M. Robinson v. John L. Zelker, Superintendent, Green Haven Correctional Facility, Stormville, New YorkCourt of Appeals for the Second Circuit · 1972
- Stanley v. CoxCourt of Appeals for the Fourth Circuit · 1973
- Kirk v. BurgeDistrict Court, S.D. New York · 2009
41 more not listed; retrieve them via the Exa API.