Legal Opinion

Fink v. Bennett

District Court, N.D. New York

Decided September 26, 2007No. 1:00-cr-00200PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM-DECISION AND ORDER

NEAL P. McCURN, Senior District Judge.

I. Background

A. State Court Proceedings

The testimony at trial revealed that on Saturday evening, August 26, 1995, petitioner, pro se Jay Fink, together with Jack Keller, Walter Hagadorn and his girlfriend, Penny Hendershot, were drinking beer at the home which Hagadorn and Hendershot shared on Prospect Street in Binghamton, New York (“Prospect Street home”). See Transcript of Trial of Jay Fink (5/13/96) (“Trial Tr.”) at 393-94. When the group ran out of beer, they went to a local bar and, when the bartender refused to sell…

2Cases cited54 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Brady v. MarylandSupreme Court of the United States · 1963
  3. Williams v. TaylorSupreme Court of the United States · 2000
  4. People v. ContesNew York Court of Appeals · 1983
  5. In Re WINSHIPSupreme Court of the United States · 1970

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3Cited by3 opinions

  1. Douglas v. McCarthyDistrict Court, N.D. New York · 2019
  2. Robinson v. BellDistrict Court, N.D. New York · 2020
  3. Woods v. SuperintendentDistrict Court, N.D. New York · 2019

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