United States ex rel. Herrington v. Mancusi
Court of Appeals for the Second Circuit
1Opinion of the Court
LUMBARD, Chief Judge:
Petitioners Robert Herrington and Michael Marshall, appealing from orders dismissing their habeas corpus petitions, claim that their criminal convictions in the New York Supreme Court for Monroe County were obtained in violation of due process, on the ground that under New York law, Family Court Act § 812, exclusive original jurisdiction over the intra-family “assaults” with which they were charged rested in the Family Court, and not in the Supreme Court.
We hold that petitioners have failed to establish that under New York law the Supreme Court lacked jurisdiction over…
2Cases cited18 opinions
- Bruton v. United StatesSupreme Court of the United States · 1968
- Louisiana Power & Light Co. v. City of ThibodauxSupreme Court of the United States · 1959
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- Bowen v. JohnstonSupreme Court of the United States · 1939
- Roberts v. LaValleeSupreme Court of the United States · 1967
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3Cited by11 opinions
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- United States v. Clifford KerleyCourt of Appeals for the Second Circuit · 2005
- Kiernan v. LindsayDistrict Court, S.D. New York · 1971
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