Legal Opinion

Dingle v. Mance

District Court, S.D. New York

Decided May 18, 2010No. 08 Civ. 2044(SAS)(DFE)PublishedCited by 1 opinion

1Opinion of the Court

OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge:

I. BACKGROUND

Represented by counsel, Petitioner John Dingle brings this habeas corpus petition, pursuant to 28 U.S.C. § 2254 (“section 2254”), to challenge his state-court conviction for depraved indifference murder— later reduced to manslaughter. During the jury trial before Justice Robert H. Straus of the New York Supreme Court, Bronx County, Justice Straus refused to charge the jury on the law of justification (self-defense), though the evidence was undisputed that Dingle had been attacked by the decedent with a knife and a bat. Based on…

2Cases cited20 opinions

  1. Williams v. TaylorSupreme Court of the United States · 2000
  2. Lockyer v. AndradeSupreme Court of the United States · 2003
  3. Cupp v. NaughtenSupreme Court of the United States · 1973
  4. Renico v. LettSupreme Court of the United States · 2010
  5. Marshall v. LonbergerSupreme Court of the United States · 1983

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3Cited by1 opinion

  1. Rodriguez v. HeathDistrict Court, E.D. New York · 2015

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