Legal Opinion
United States of America Ex Rel. Charles Kenny v. Hon. Harold W. Follette, Warden, Green Haven Prison, Stormville, New York
Court of Appeals for the Second Circuit
Decided March 25, 1969No. 31699_1PublishedCited by 9 opinions
1Opinion of the Court
LUMBARD, Chief Judge:
This appeal by a state prisoner concerns the propriety of the district court’s finding, after a hearing, that appellant had waived his right to contest the validity of a predicate New York State conviction used in sentencing him as a second felony offender.
Charles Kenny is presently incarcerated pursuant to a judgment of the Kings County Supreme Court, rendered on October 27, 1965, convicting him on his plea of guilty to second degree robbery and sentencing him to a term of 7% to 10 years as a second felony offender. The predicate felony conviction was also rendered in…
2Cases cited4 opinions
- Fay v. NoiaSupreme Court of the United States · 1963
- People v. JonesNew York Court of Appeals · 1966
- United States ex rel. Kenney v. FayDistrict Court, S.D. New York · 1964
- People v. JeffersonAppellate Division of the Supreme Court of the State of New York · 1968
3Cited by9 opinions
- Roy Justin v. Louis JacobsCourt of Appeals for the D.C. Circuit · 1971
- United States Ex Rel. Anolik v. Commissioner of CorrectionDistrict Court, S.D. New York · 1975
- United States of America Ex Rel. Thaddeus Swiatek, Relator-Appellant v. Hon. Vincent R. Mancusi, Warden, Attica State Prison, Attica, New YorkCourt of Appeals for the Second Circuit · 1971
- David Leroy Washington v. Charles E. Strickland, Superintendent, Florida State Prison, and Jim Smith, Attorney General of the State of FloridaCourt of Appeals for the Fifth Circuit · 1982
- David Leroy Washington v. Charles E. Strickland, Superintendent, Florida State Prison, and Jim Smith, Attorney General of the State of FloridaCourt of Appeals for the Fifth Circuit · 1982
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