Legal Opinion
United States of America Ex Rel. Thomas Kling, Relator-Appellant v. J. E. Lavallee, Warden of Clinton Prison, Dannemora, New York
Court of Appeals for the Second Circuit
Decided July 11, 1962No. 27053_1PublishedCited by 42 opinions
1Opinion of the Court
KAUFMAN, Circuit Judge.
Thomas Kling was indicted for a number of crimes arising out of an armed robbery of the Sunnyside, Long Island branch of the Manufacturers Trust Company on March 9, 1950. Kling’s counsel, appointed by the County Court of Queens County, made a timely motion for a severance of Kling’s trial from that of his well publicized co-defendant William (“Willie”) Sutton, on the ground that Kling would suffer prejudice from Sutton’s notoriety and would thus be deprived of a fair and impartial trial. The motion was denied. Kling then was tried with Sutton; and on April 1, 1952, a…
2Cases cited21 opinions
- Napue v. IllinoisSupreme Court of the United States · 1959
- Darr v. BurfordSupreme Court of the United States · 1950
- McNally v. HillSupreme Court of the United States · 1934
- Zellerbach Paper Co. v. HelveringSupreme Court of the United States · 1934
- United States Ex Rel. Almeida v. BaldiCourt of Appeals for the Third Circuit · 1952
16 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- United States of America Ex Rel. Thomas Meers, Relator-Appellee v. Walter H. Wilkins, Warden of Attica State Prison, Attica, New YorkCourt of Appeals for the Second Circuit · 1964
- United States Ex Rel. Thurmond v. MancusiDistrict Court, E.D. New York · 1967
- Vito Finetti v. David Harris, Superintendent of Greenhaven Correctional FacilityCourt of Appeals for the Second Circuit · 1979
- United States Ex Rel. Burton Graham, Relator-Appellant v. Vincent R. Mancusi, Warden, Attica State Prison, and the State of New YorkCourt of Appeals for the Second Circuit · 1972
- United States ex rel. Levy v. McMannCourt of Appeals for the Second Circuit · 1968
37 more not listed; retrieve them via the Exa API.