Legal Opinion

Shaut v. Bennet

District Court, W.D. New York

Decided August 29, 2003No. 6:01-cv-06315PublishedCited by 2 opinions

1Opinion of the Court

DECISION AND ORDER

LARIMER, District Judge.

INTRODUCTION

Petitioner Brian S. Shaut (“Shaut”) filed this petition pro se for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his conviction in Steuben County Court of first degree manslaughter and third degree criminal possession of a weapon. For the reasons set forth below, Shaut’s § 2254 petition is dismissed.

FACTUAL BACKGROUND

Shaut fatally stabbed Irving Farrow (“Farrow”) on August 12, 1996, during a struggle which occurred at the trailer of Stacey Overhiser (“Overhiser”), Shaut’s estranged girlfriend. The People claimed that it…

2Cases cited55 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Brady v. MarylandSupreme Court of the United States · 1963
  3. Williams v. TaylorSupreme Court of the United States · 2000
  4. In Re WINSHIPSupreme Court of the United States · 1970
  5. Estelle v. McGuireSupreme Court of the United States · 1991

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3Cited by2 opinions

  1. Macleod v. McCarthyDistrict Court, W.D. New York · 2024
  2. Macleod v. McCarthyDistrict Court, W.D. New York · 2024

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