Legal Opinion

Nieves v. Kelly

District Court, S.D. New York

Decided December 23, 1997No. 96 Civ. 4382(DLC)PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

COTE, District Judge.

Through a March 18, 1996, petition for a writ of habeas corpus, received by the Court’s Pro Se Office on April 11, 1996 and filed on June 14, 1996, Philip Nieves (“Nieves”) attacks a 1983 conviction for a robbery occurring at approximately 7:15 p.m. on February 16, 1982 (“the 7:15 robbery”). In doing so, Nieves relies on a subsequent conviction for another robbery occurring 15 minutes earlier on February 16, 1982, and four blocks away (“the 7:00 robbery”). In effect, he argues that he could not have committed both robberies and that his trial…

2Cases cited38 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Thomas v. ArnSupreme Court of the United States · 1986
  3. Coppedge v. United StatesSupreme Court of the United States · 1962
  4. United States v. BagleySupreme Court of the United States · 1985
  5. Kyles v. WhitleySupreme Court of the United States · 1995

33 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Franza v. StinsonDistrict Court, S.D. New York · 1999
  2. Noble v. KellyDistrict Court, S.D. New York · 2000
  3. Campbell v. GreeneDistrict Court, N.D. New York · 2006
  4. Horton v. ErcoleDistrict Court, N.D. New York · 2008
  5. Tapia-Garcia v. United StatesDistrict Court, S.D. New York · 1999

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