Legal Opinion
United States ex rel. Marcial v. Fay
Court of Appeals for the Second Circuit
Decided January 23, 1959No. 204, Docket 25395PublishedCited by 7 opinions
1Opinion of the Court
HINCKS, Circuit Judge.
Joseph Marcial, the petitioner, was-convicted in 1934, on a charge of robbery in the second degree in the state courts of New York. Again in 1949 he was convicted of robbery and was sentenced, as a second felony offender, to a term of ten to thirty years. McKinney’s Con-sol.Laws, New York Penal Law, c. 40, §. 1941. Alleging that his first conviction was without due process of law, Marcial, sought a writ of habeas corpus, in a petition praying an order that he beresentenced as a first offender upon the 1949 conviction.
The case is now before us for the-second time. The…
2Cases cited7 opinions
- Townsend v. BurkeSupreme Court of the United States · 1948
- Uveges v. PennsylvaniaSupreme Court of the United States · 1948
- Quicksall v. MichiganSupreme Court of the United States · 1950
- United States of America Ex Rel. Joseph Marcial, A/K/A Joseph Johnson v. Edward M. Fay, Warden of Green Haven PrisonCourt of Appeals for the Second Circuit · 1957
- People v. SteinmetzNew York Court of Appeals · 1925
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- United States Ex Rel. MacLaren v. DennoDistrict Court, S.D. New York · 1959
- Stevens v. Warden, Maryland PenitentiaryDistrict Court, D. Maryland · 1965
- United States of America Ex Rel. George H. Moore, Relator-Appellant v. Walter B. Martin, Warden, Attica Prison, and People of State of New YorkCourt of Appeals for the Second Circuit · 1959
- In Re Curtis'petitionDistrict Court, E.D. Missouri · 1965
- United States ex rel. Rivers v. MyersDistrict Court, E.D. Pennsylvania · 1961
2 more not listed; retrieve them via the Exa API.