Legal Opinion

Brown v. Greene

Court of Appeals for the Second Circuit

Decided August 13, 2009No. Docket 07-5383-prPublishedCited by 27 opinions

1Opinion of the Court

FEINBERG, Circuit Judge:

Petitioner-Appellant Dwayne Brown was convicted of second-degree robbery after a jury trial in 2002 in the New York State Supreme Court. On appeal thereafter to the First Department of the Appellate Division of the New York Supreme Court, Brown argued that his trial counsel was constitutionally ineffective. The jury charge, Brown contended, may have led the jury to convict him under a preponderance of the evidence standard and not, as is constitutionally required, under the beyond a reasonable doubt standard. According to Brown, trial counsel’s failure to object to the…

2Cases cited18 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. In Re WINSHIPSupreme Court of the United States · 1970
  3. Estelle v. McGuireSupreme Court of the United States · 1991
  4. Cupp v. NaughtenSupreme Court of the United States · 1973
  5. Victor v. NebraskaSupreme Court of the United States · 1994

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3Cited by27 opinions

  1. United States v. SabhnaniCourt of Appeals for the Second Circuit · 2010
  2. Interpharm, Inc. v. Wells Fargo Bank, National AssociationCourt of Appeals for the Second Circuit · 2011
  3. Bierenbaum v. GrahamCourt of Appeals for the Second Circuit · 2010
  4. United States v. Al BahlulUnited States Court of Military Commission Review · 2011
  5. Miller v. PhillipDistrict Court, S.D. New York · 2011

22 more not listed; retrieve them via the Exa API.

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