Legal Opinion

Benjamin v. Greiner

District Court, E.D. New York

Decided October 9, 2003No. 1:02-cv-00189PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM, JUDGMENT & ORDER

WEINSTEIN, Senior District Judge.

The petition for a writ of habeas corpus is denied. No hearing on this matter is necessary. This memorandum briefly addresses petitioner’s claims.

I. Facts and Procedural History

A homicide prosecution based upon a botched abortion is rare today. Nevertheless, there were adequate grounds to charge petitioner with murder in the second degree, manslaughter in the second degree, criminally negligent homicide, and tampering with physical evidence in connection with an abortion that led to the death of a pregnant woman.

The evidence…

2Cases cited40 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Miller-El v. CockrellSupreme Court of the United States · 2003
  3. Williams v. TaylorSupreme Court of the United States · 2000
  4. Coleman v. ThompsonSupreme Court of the United States · 1991
  5. Estelle v. McGuireSupreme Court of the United States · 1991

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3Cited by1 opinion

  1. Jabaut v. MillerDistrict Court, N.D. New York · 2020

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