Legal Opinion

Montgomery v. Fogg

District Court, S.D. New York

Decided October 16, 1979No. 79 Civ. 2626PublishedCited by 6 opinions

1Opinion of the Court

OPINION

EDWARD WEINFELD, District Judge.

Petitioner, Charles Montgomery, now serving a sentence of twenty years to life imposed pursuant to a judgment of conviction for murder in the second degree entered on October 31, 1975, upon a jury verdict in the Supreme Court of the State of New York, seeks his release upon a federal writ of habeas corpus. The judgment of conviction was affirmed by the Appellate Division First Department on April 27, 1978, and leave to appeal to the Court of Appeals was denied on May 26, 1978. The instant application is based upon the alleged denial of petitioner’s right…

2Cases cited49 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Glasser v. United StatesSupreme Court of the United States · 1942
  3. United States v. WadeSupreme Court of the United States · 1967
  4. Neil v. BiggersSupreme Court of the United States · 1972
  5. Wainwright v. SykesSupreme Court of the United States · 1977

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3Cited by6 opinions

  1. Nicholas P. Manocchio v. John Moran, Director, Department of CorrectionsCourt of Appeals for the First Circuit · 1990
  2. State v. KennedyWest Virginia Supreme Court · 1999
  3. Felton v. HarrisDistrict Court, S.D. New York · 1979
  4. Armato v. New YorkDistrict Court, S.D. New York · 1981
  5. Moon v. StateCourt of Appeals of Maryland · 1984

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