Legal Opinion
Warren v. Montemango
District Court, E.D. New York
Decided August 9, 1985No. CV 85-2388PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OF DECISION & ORDER
COSTANTINO, District Judge.
Petitioner, Samuel Lockett, moves this court pursuant to 28 U.S.C. § 2254 for a writ of habeas corpus alleging that further criminal proceedings against him will be in violation of the Constitution of the United States. The basis for petitioner’s claim is that (a) further prosecution of him is in violation of the Double Jeopardy clause; and (b) further prosecution of him in violation of New York State law is such that he will be denied the fundamental fairness guaranteed to him pursuant to the Due Process provisions of the Fifth and…
2Cases cited15 opinions
- Burks v. United StatesSupreme Court of the United States · 1978
- Green v. United StatesSupreme Court of the United States · 1957
- United States v. RussellSupreme Court of the United States · 1973
- United States v. ScottSupreme Court of the United States · 1978
- United States v. DiFrancescoSupreme Court of the United States · 1980
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3Cited by3 opinions
- People v. GuerreroAppellate Division of the Supreme Court of the State of New York · 1988
- Samuel Lockett v. Albert Montemango, Warden, Brooklyn House of Detention, Brooklyn, New YorkCourt of Appeals for the Second Circuit · 1986
- Altman v. BradleyAppellate Division of the Supreme Court of the State of New York · 1992