Legal Opinion
United States ex rel. Dorey v. New Jersey
Court of Appeals for the Third Circuit
Decided August 8, 1977No. 76-2389PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
Defense counsel argued to the jury that petitioner had not participated in a burglary, though conceding that someone had committed the crime. Thereafter, the state trial judge refused to instruct the jury on the elements of breaking and entering and larceny because the facts showing breaking and entering and larceny had been admitted. In the circumstances of this case, we find no reversible constitutional error and vacate the grant of habeas corpus by the United States District Court.
Petitioner was convicted by the New Jersey state courts of entry with…
2Cases cited16 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- In Re WINSHIPSupreme Court of the United States · 1970
- Harrington v. CaliforniaSupreme Court of the United States · 1969
- Patterson v. New YorkSupreme Court of the United States · 1977
- Cupp v. NaughtenSupreme Court of the United States · 1973
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3Cited by5 opinions
- Strenten Vujosevic v. John R. Rafferty, Superintendent of Rahway State Prison, and W. Carey Edwards, Attorney General of New JerseyCourt of Appeals for the Third Circuit · 1988
- Government of the Virgin Islands v. Paul TestamarkCourt of Appeals for the Third Circuit · 1978
- Douglas v. HendricksDistrict Court, D. New Jersey · 2002
- Parham v. MansonDistrict Court, D. Connecticut · 1980
- United States v. State of New JerseyCourt of Appeals for the Third Circuit · 1977