Legal Opinion
Patrick Tata, Jr. v. Norman Carver
Court of Appeals for the First Circuit
Decided October 31, 1990No. 90-1351PublishedCited by 22 opinions
1Opinion of the Court
CYR, Circuit Judge.
Petitioner Patrick Tata, Jr., appeals from a judgment of the United States District Court for the District of Massachusetts summarily dismissing his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On appeal, petitioner asserts that the state trial court violated due process by refusing to give the jury a lesser included offense instruction. We affirm.
I
The facts are uncontested. Following a jury trial, Tata was found guilty of trafficking in one hundred grams or more but less than two hundred grams of cocaine in violation of M.G.L. c. 94C § 32E(b)(2). In…
2Cases cited20 opinions
- Hill v. United StatesSupreme Court of the United States · 1962
- Beck v. AlabamaSupreme Court of the United States · 1980
- Gardner v. FloridaSupreme Court of the United States · 1977
- Lisenba v. CaliforniaSupreme Court of the United States · 1942
- Keeble v. United StatesSupreme Court of the United States · 1973
15 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Robert TURNER, Petitioner-Appellant, v. Charles D. MARSHALL, Warden, Respondent-AppelleeCourt of Appeals for the Ninth Circuit · 1995
- State v. CollinsSupreme Court of North Carolina · 1993
- Victor Manuel Solis v. Rosie GarciaCourt of Appeals for the Ninth Circuit · 2000
- United States v. Joyce Lee FloresCourt of Appeals for the First Circuit · 1992
- Robertson v. HanksCourt of Appeals for the Seventh Circuit · 1998
17 more not listed; retrieve them via the Exa API.