Legal Opinion
Smith v. Rock
District Court, S.D. New York
Decided May 20, 2008No. 05 Civ. 5485 (BSJ)(JCF)PublishedCited by 6 opinions
1Opinion of the Court
ORDER
BARBARA S. JONES, District Judge.
Petitioner Leon Smith seeks a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, challenging his conviction in New York State Supreme Court, New York County, for robbery in the second degree. Mr. Smith argues that (1) the trial court violated his due process rights by failing to order a competency hearing sua sponte; (2) his trial counsel was ineffective for failing to request a competency hearing; and (3) the trial court violated his due process rights because its jury instructions improperly shifted the burden of proving an element of the crime to the…
2Cases cited27 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Williams v. TaylorSupreme Court of the United States · 2000
- Wiggins v. Smith, WardenSupreme Court of the United States · 2003
- Lockyer v. AndradeSupreme Court of the United States · 2003
- Dusky v. United StatesSupreme Court of the United States · 1960
22 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Blakeney v. United StatesDistrict of Columbia Court of Appeals · 2013
- Smith v. RockCourt of Appeals for the Second Circuit · 2009
- Benson v. GrahamDistrict Court, E.D. New York · 2019
- Oddy v. GonyeaDistrict Court, N.D. New York · 2020
- Smith v. RockCourt of Appeals for the Second Circuit · 2009
1 more not listed; retrieve them via the Exa API.