Legal Opinion

Overton v. Newton

District Court, E.D. New York

Decided June 11, 2001No. 1:98-cv-05507PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

BLOCK, District Judge.

In this habeas proceeding pursuant to 28 U.S.C. § 2254, petitioner George Overton (“Overton”) has established that his rights under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), have been violated. 1

BACKGROUND

Overton, who is black, was convicted by a jury in Queens County Supreme Court on February 1, 1995 for Criminal Sale of a Controlled Substance in the Third Degree (N.Y.Penal Law § 220.39[1]), Criminal Possession of a Controlled Substance in the Third Degree (N.Y.Penal Law § 220.16[1]), and Criminal Possession of a…

2Cases cited43 opinions

  1. Williams v. TaylorSupreme Court of the United States · 2000
  2. Batson v. KentuckySupreme Court of the United States · 1986
  3. St. Mary's Honor Center v. HicksSupreme Court of the United States · 1993
  4. Delaware v. Van ArsdallSupreme Court of the United States · 1986
  5. Hernandez v. New YorkSupreme Court of the United States · 1991

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3Cited by7 opinions

  1. George Overton v. James Newton, Superintendent of the Watertown Correctional FacilityCourt of Appeals for the Second Circuit · 2002
  2. Velazquez v. PooleDistrict Court, E.D. New York · 2007
  3. Jones v. WestDistrict Court, W.D. New York · 2007
  4. Collado v. MillerDistrict Court, E.D. New York · 2001
  5. Harrison v. RicksDistrict Court, E.D. New York · 2004

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