Legal Opinion

Gueits v. Kirkpatrick

District Court, E.D. New York

Decided May 26, 2009No. 1:06-cr-00849PublishedCited by 2 opinions

1Opinion of the Court

ORDER ADOPTING REPORT AND RECOMMENDATION

COGAN, District Judge.

This case is before the Court on respondent’s timely filed objections to the Report and Recommendation (“R & R”) of the Hon. James Orenstein, which recommended granting the pending petition for a writ of habeas corpus and ordering the State of New York either to retry petitioner within 45 days or to release him. For the reasons set forth below, the R & R is adopted and the petition is granted.

The facts of this matter are enumerated in Judge Orenstein’s detailed R & R, which is attached and incorporated hereto. “If an objection is…

2Cases cited77 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Williams v. TaylorSupreme Court of the United States · 2000
  3. United States v. WadeSupreme Court of the United States · 1967
  4. Murray v. CarrierSupreme Court of the United States · 1986
  5. O'Sullivan v. BoerckelSupreme Court of the United States · 1999

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3Cited by2 opinions

  1. Gueits v. KirkpatrickCourt of Appeals for the Second Circuit · 2010
  2. Charriez v. GreinerDistrict Court, E.D. New York · 2010

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