Legal Opinion

Burton C. Graham v. Harold J. Smith, Superintendent Attica Correctional Facility

Court of Appeals for the Second Circuit

Decided July 18, 1979No. 1108, Docket 79-2022PublishedCited by 13 opinions

1Opinion of the Court

FRIENDLY, Circuit Judge:

This case, arising from the death of Lucille Graham in Elmira, N. Y. on August 26, 1961, has had a long history. This is recorded in many opinions of the New York courts 1 and in one of our own, U. S. ex rel. Graham v. Mancusi, 457 F.2d 463 (2 Cir. 1972), familiarity with which is assumed.

Burton Graham was indicted in 1961 for first degree murder of his wife Lucille and was convicted of second degree murder. Important evidence against him was a highly inculpatory post-arraignment statement taken on September 1, 1961, which was immensely more damaging than a statement…

2Cases cited29 opinions

  1. Burks v. United StatesSupreme Court of the United States · 1978
  2. Massiah v. United StatesSupreme Court of the United States · 1964
  3. Green v. United StatesSupreme Court of the United States · 1957
  4. Harris v. New YorkSupreme Court of the United States · 1971
  5. Carafas v. LaValleeSupreme Court of the United States · 1968

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3Cited by13 opinions

  1. Morris v. MathewsSupreme Court of the United States · 1986
  2. State v. HedgeSupreme Court of Connecticut · 2010
  3. Latzer v. AbramsDistrict Court, E.D. New York · 1985
  4. James Michael Mathews v. Ronald C. MarshallCourt of Appeals for the Sixth Circuit · 1985
  5. William E. Tapp v. Ed Lucas, Warden, Mississippi State PenitentiaryCourt of Appeals for the Fifth Circuit · 1981

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