Brathwaite v. Duncan
District Court, E.D. New York
1Opinion of the Court
JUDGMENT & ORDER
WEINSTEIN, Senior District Judge.
Petitioner has had a hearing in this court. He was present by telephone.
The petition for a writ of habeas corpus is denied for the reasons stated orally on the record. This memorandum briefly addresses petitioner’s claims.
Petitioner and his uncle were tried for the robbery and assault of a fellow inmate while all were in the holding pens of a state courthouse. Complainant was robbed of a ring and had his face cut, allegedly by a razor blade wielded by petitioner. Petitioner’s codefendant claimed that complainant had initiated a fistfight in an…
2Cases cited8 opinions
- Miller-El v. CockrellSupreme Court of the United States · 2003
- Williams v. TaylorSupreme Court of the United States · 2000
- United States v. AgursSupreme Court of the United States · 1976
- Luce v. United StatesSupreme Court of the United States · 1984
- Angel Sellan v. Robert KuhlmanCourt of Appeals for the Second Circuit · 2001
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3Cited by5 opinions
- Hamilton v. LeeDistrict Court, E.D. New York · 2015
- Ponder v. ConwayDistrict Court, W.D. New York · 2010
- Cato v. Superintendent of the Groveland Correctional FacilityDistrict Court, W.D. New York · 2006
- DOWTIN v. CohenDistrict Court, E.D. New York · 2004
- Goston v. RiveraDistrict Court, W.D. New York · 2006