Legal Opinion
Lopez v. Smith
District Court, S.D. New York
Decided June 12, 1981No. 80 Civ. 5593PublishedCited by 6 opinions
1Opinion of the Court
OPINION
EDWARD WEINFELD, District Judge.
Petitioner, now serving an indeterminate term of imprisonment of 15 years to life, following a guilty verdict by a jury of murder in the second degree 1 seeks to void his conviction by this federal writ of habeas corpus pursuant to 28 U.S.C. § 2254 by reason of alleged violation of his federal constitutional rights. The essence of his claim is that the judgment of conviction is void in that alleged prosecutorial conduct, the trial court’s conduct, and its instructions to the jury deprived him of a fair trial. However, this Court’s power to review the…
2Cases cited14 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Preiser v. RodriguezSupreme Court of the United States · 1973
- Wainwright v. SykesSupreme Court of the United States · 1977
- Picard v. ConnorSupreme Court of the United States · 1971
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3Cited by6 opinions
- United States v. Michael P. Oshatz and Leonard A. MessingerCourt of Appeals for the Second Circuit · 1990
- United States v. OshatzDistrict Court, S.D. New York · 1989
- Colville v. ScullyDistrict Court, S.D. New York · 1982
- United States v. Kenneth JohnsonCourt of Appeals for the Sixth Circuit · 2023
- United States v. Michael P. Oshatz and Leonard A. MessingerCourt of Appeals for the Second Circuit · 1990
1 more not listed; retrieve them via the Exa API.