Legal Opinion

United States of America Ex Rel. Jose R. Castro v. Vincent J. Regan, Superintendent, State Prison, Leesburg, New Jersey

Court of Appeals for the Third Circuit

Decided November 24, 1975No. 74--1486PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The issue is whether appellant is entitled to habeas corpus relief from his 1971 New Jersey conviction for second degree murder.

Having exhausted his state remedies, 1 appellant filed a pro se petition with the district court for a writ of habeas corpus, contending, inter alia, that he was denied due process and equal protection “by the multitudinous use of ‘presumptions’ and ‘presumptive-type’ phrases during the trial court’s charge to the jury; thereby endangering and depriving the petitioner of his right to be proven guilty beyond a reasonable…

2Cases cited5 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Mullaney v. WilburSupreme Court of the United States · 1975
  3. Cupp v. NaughtenSupreme Court of the United States · 1973
  4. Ivan v. v. City of New YorkSupreme Court of the United States · 1972
  5. People v. BalogunNew York Supreme Court · 1975

3Cited by11 opinions

  1. State v. EvansCourt of Appeals of Maryland · 1976
  2. William M. Hallowell v. Paul W. Keve, Director of the Division of Adult Corrections and the State of DelawareCourt of Appeals for the Third Circuit · 1977
  3. James Franklin Reeves v. Amos E. ReedCourt of Appeals for the Fourth Circuit · 1979
  4. Gaines v. HopperDistrict Court, M.D. Georgia · 1977
  5. State v. RobinsonNew Jersey Superior Court Appellate Division · 1976

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