Portalatin v. Graham
Court of Appeals for the Second Circuit
1Opinion of the Court
WESLEY, Circuit Judge:
Petitioners Carlos Portalatin, William Phillips, and Vance Morris were separately convicted in state court and received sentences pursuant to New York’s persistent felony offender statute, N.Y. Penal Law § 70.10. Each petitioned for a writ of habeas corpus on the ground that the New York courts engaged in an unreasonable application of clearly established federal law in affirming their sentences. Specifically, they argue that the Sixth Amendment guarantee of the right to an impartial jury, as construed by the Supreme Court in Apprendi v. New Jersey, 530 U.S. 466, 120…
Also in this document: Dissent.
2Cases cited66 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Williams v. TaylorSupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
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3Cited by56 opinions
- Stevens v. MillerCourt of Appeals for the Second Circuit · 2012
- Carvajal v. ArtusCourt of Appeals for the Second Circuit · 2011
- Jones v. MurphyCourt of Appeals for the Second Circuit · 2012
- The People v. Michael E. PrindleNew York Court of Appeals · 2017
- People v. GriffinAppellate Division of the Supreme Court of the State of New York · 2011
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