Legal Opinion

Roe v. People of State of New York

District Court, W.D. New York

Decided September 10, 1973No. Civ. 1971-450PublishedCited by 7 opinions

1Opinion of the Court

CURTIN, District Judge.

In 1969 after a trial by jury in Monroe County Court, petitioner Elmer George Roe was convicted of first degree rape and first degree assault and sentenced to concurrent terms of imprisonment of eight to twenty-five years and up to fifteen years. His conviction was affirmed by the Appellate Division, Fourth Department, 3.6 A.D.2d 1012, 321 N.Y.S.2d 450 (4th Dept. 1971), and leave to appeal to the Court of Appeals was denied. The instant petition for a writ of habeas corpus followed.

The basic facts relating to the crimes for which petitioner was convicted are as follows.…

2Cases cited21 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Chapman v. CaliforniaSupreme Court of the United States · 1967
  3. United States v. WadeSupreme Court of the United States · 1967
  4. Neil v. BiggersSupreme Court of the United States · 1972
  5. Stovall v. DennoSupreme Court of the United States · 1967

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3Cited by7 opinions

  1. State v. JacksonSupreme Court of North Carolina · 1983
  2. State v. CaywardDistrict Court of Appeal of Florida · 1989
  3. Ward v. StateIndiana Court of Appeals · 1980
  4. Lagana v. LeFevreDistrict Court, D. New York · 1979
  5. The United States of America Ex Rel. Elmer George Roe, Relator-Appellant v. People of the State of New YorkCourt of Appeals for the Second Circuit · 1974

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