Legal Opinion

United States Ex Rel. Schmidt v. LaVallee

District Court, S.D. New York

Decided December 12, 1977No. 75 CIV. 872PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION

MOTLEY, District Judge.

This petition for a writ of habeas corpus is before us pursuant to 28 U.S.C. § 2254. On July 17, 1972 petitioner pleaded guilty to a single count of robbery in the second degree in the County Court, Rockland County, New York. 1 He was sentenced to a minimum term of five years and a maximum of fifteen years on October 10, 1972. The judgment of conviction was affirmed without opinion in both the Appellate Division (People v. Schmidt, 42 A.D.2d 690, 346 N.Y.S.2d 200 (2d Dept.1973)) and in the Court of Appeals (People v. Schmidt, 35 N.Y.2d 929, 365…

2Cases cited10 opinions

  1. Pate v. RobinsonSupreme Court of the United States · 1966
  2. Lefkowitz v. NewsomeSupreme Court of the United States · 1975
  3. United States of America Ex Rel. Charles F. Scott v. Vincent R. Mancusi, Warden, Attica Prison, Attica, New YorkCourt of Appeals for the Second Circuit · 1970
  4. Kenneth Sailer v. J. B. GunnCourt of Appeals for the Ninth Circuit · 1977
  5. Raymond Miranda v. United StatesCourt of Appeals for the Second Circuit · 1972

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3Cited by3 opinions

  1. State v. JasuilewiczNew Jersey Superior Court Appellate Division · 1985
  2. Padilla v. KeaneDistrict Court, S.D. New York · 2004
  3. Gunn v. KuhlmanDistrict Court, S.D. New York · 1979

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