Legal Opinion
Penick v. Filion
District Court, E.D. New York
Decided April 2, 2001No. 1:97-cv-05527PublishedCited by 3 opinions
1Opinion of the Court
ORDER
GERSHON, District Judge.
Petitioner Sean Penick’s petition for a writ of habeas corpus was referred to the Honorable Roanne L. Mann, United States Magistrate Judge, who held an evi-dentiary hearing and issued a Report and Recommendation dated October 5, 2000 recommending denial of the petition. Petitioner has objected to the Report which is, therefore, reviewed de novo.
It is unnecessary to address petitioner’s constitutional argument that AED-PA violates Article III if read to foreclose the Court from considering Circuit opinions as well as Supreme Court opinions for, as Judge Mann…
2Cases cited42 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Williams v. TaylorSupreme Court of the United States · 2000
- United States v. BagleySupreme Court of the United States · 1985
- O'Sullivan v. BoerckelSupreme Court of the United States · 1999
- Giglio v. United StatesSupreme Court of the United States · 1972
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3Cited by3 opinions
- Mastin v. SenkowskiDistrict Court, W.D. New York · 2003
- Laurey v. GrahamDistrict Court, W.D. New York · 2009
- Rivera v. GriffinDistrict Court, E.D. New York · 2020