Legal Opinion
Mildwoff v. Cunningham
District Court, S.D. New York
Decided May 5, 1977No. 76 Civ. 3377 (CHT)PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM
TENNEY, District Judge.
This petition for a writ of habeas corpus was brought by a New York state prisoner seeking release from custody imposed after a conviction upon a jury verdict. Petitioner alleges that his conviction of sexual abuse under N.Y. Penal Law § 130.65(1) (McKinney 1975) was obtained in violation of his constitutional right to due process in that he was convicted of a crime for which he was not indicted and of which he lacked sufficient notice. For the reasons discussed below, the petition is denied.
I
Petitioner was indicted by a New York County grand jury for rape in…
2Cases cited30 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Faretta v. CaliforniaSupreme Court of the United States · 1975
- McMann v. RichardsonSupreme Court of the United States · 1970
- Fay v. NoiaSupreme Court of the United States · 1963
- Branzburg v. HayesSupreme Court of the United States · 1972
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3Cited by9 opinions
- State v. BaileySupreme Court of Vermont · 1984
- Jelinek v. CostelloDistrict Court, E.D. New York · 2003
- United States v. Nitek Electronics, Inc.Court of Appeals for the Federal Circuit · 2015
- Asherman v. MeachumDistrict Court, D. Connecticut · 1990
- People v. RothmanAppellate Division of the Supreme Court of the State of New York · 1986
4 more not listed; retrieve them via the Exa API.