Legal Opinion
Tremain Wade v. Victor Herbert, Superintendent of Attica Correctional Facility
Court of Appeals for the Second Circuit
Decided December 9, 2004No. Docket 03-2905PublishedCited by 15 opinions
1Opinion of the Court
Judge IRENAS concurs by separate opinion.
LEVAL, Circuit Judge:
Tremain Wade appeals from the district court’s denial of his petition for habeas corpus under 28 U.S.C. § 2254, seeking to set aside his conviction in courts of the State of New York for murder and illegal weapons possession. At his trial, the New York Supreme Court excluded Wade’s alibi defense on the ground that his alibi notice was untimely under New York’s Criminal Procedure Law Section 250.20. He claimed in his petition that the exclusion of his alibi violated his rights under the Sixth Amendment to the Constitution. The…
2Cases cited16 opinions
- Williams v. TaylorSupreme Court of the United States · 2000
- Chambers v. MississippiSupreme Court of the United States · 1973
- Yarborough v. AlvaradoSupreme Court of the United States · 2004
- Washington v. TexasSupreme Court of the United States · 1967
- Rock v. ArkansasSupreme Court of the United States · 1987
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3Cited by15 opinions
- Alfredo Serrano v. Brian Fischer, Superintendent, Sing Sing Correctional FacilityCourt of Appeals for the Second Circuit · 2005
- Washington v. StateIndiana Court of Appeals · 2006
- United States v. WinebargerCourt of Appeals for the Third Circuit · 2011
- Brisco v. PhillipsDistrict Court, E.D. New York · 2005
- Thomas v. LordDistrict Court, E.D. New York · 2005
10 more not listed; retrieve them via the Exa API.