Legal Opinion
United States ex rel. De Vita v. McCorkle
District Court, D. New Jersey
Decided July 14, 1955No. Civ. A. No. 663-54PublishedCited by 6 opinions
1Opinion of the Court
MODARELLI, District Judge.
This is an application by Silvio De Vita, for a writ of habeas corpus.1 The determinations in this case also apply to Joseph Grillo. Both men, who are in custody in the New Jersey State Prison, were convicted in a New Jersey state court of murder in the first degree arising out of an armed robbery. Since the jury did not recommend life imprisonment, under the state law2 the convictions resulted in mandatory death sentences. The third participant in the crime, Ralph Rosania, was also convicted of'murder in the first degree but the jury recommended and he received a…
2Cases cited50 opinions
- Brown v. AllenSupreme Court of the United States · 1953
- Hebert v. LouisianaSupreme Court of the United States · 1926
- Bute v. IllinoisSupreme Court of the United States · 1948
- McPherson v. BlackerSupreme Court of the United States · 1892
- Frazier v. United StatesSupreme Court of the United States · 1949
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3Cited by6 opinions
- Hall v. StateNevada Supreme Court · 1973
- State v. RosaniaSupreme Court of New Jersey · 1960
- State v. SingletaryNew Jersey Superior Court Appellate Division · 1978
- In re RosaniaDistrict Court, D. New Jersey · 1961
- United States of America, Ex Rel. Silvio De Vita v. Lloyd W. McCorkle Principal Keeper of the New Jersey State Prison at Trenton, New JerseyCourt of Appeals for the Third Circuit · 1957
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