Legal Opinion
Robert E. McFarland v. Harold J. Smith, and Lawrence T. Kurlander, Monroe County District Attorney, Intervenor-Appellee
Court of Appeals for the Second Circuit
Decided October 29, 1979No. 1300, Docket 79-2059PublishedCited by 53 opinions
1Opinion of the Court
NEWMAN, Circuit Judge:
This is an appeal from a denial of a petition for a writ of habeas corpus brought by a state prisoner to challenge his conviction essentially on the ground that his constitutional rights were denied by the prosecutor’s inclusion of improper racial remarks in the summation.
Petitioner was found guilty by a jury of criminal sale of a controlled substance (heroin) in the second degree, N.Y. Penal Law § 220.41, and sentenced on June 2, 1976 in the New York Supreme Court (Monroe County) to a term of eight years to life. The Appellate Division affirmed without opinion, People…
2Cases cited7 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Strauder v. West VirginiaSupreme Court of the United States · 1880
- Moore v. DempseySupreme Court of the United States · 1923
- United States of America Ex Rel. James C. Haynes v. Charles L. McKendrick Warden, Wallkill State Prison, Walkill, New YorkCourt of Appeals for the Second Circuit · 1973
- Allison v. StateCourt of Criminal Appeals of Texas · 1952
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3Cited by53 opinions
- State v. GuthrieWest Virginia Supreme Court · 1995
- State v. CarterSupreme Court of New Jersey · 1982
- People v. CudjoCalifornia Supreme Court · 1993
- Clarence Moore v. Willis Morton, Administrator Peter G. Verniero, Attorney General of the State of New JerseyCourt of Appeals for the Third Circuit · 2001
- United States v. DoeCourt of Appeals for the D.C. Circuit · 1990
48 more not listed; retrieve them via the Exa API.