Legal Opinion
United States of America Ex Rel. Joel Smith v. Ernest L. Montanye, Superintendent of Attica Correctional Facillity,respondent-Appellant
Court of Appeals for the Second Circuit
Decided November 8, 1974No. 349, Docket 74-2158PublishedCited by 51 opinions
1Opinion of the Court
HAYS, Circuit Judge:
This is an appeal from an order of the United States District Court for the Eastern District of New York granting petitioner’s application for a writ of ha-beas corpus. The district court concluded that petitioner had been denied fundamental due process during his trial in the state court both because of the instructions under which the case was submitted to the jury, and because of the admission into evidence of statements made by a codefendant, Leroy Sprinkler, who did not testify at trial. We reverse the order of the district court.
This case stems from the fatal…
2Cases cited19 opinions
- Bruton v. United StatesSupreme Court of the United States · 1968
- Cupp v. NaughtenSupreme Court of the United States · 1973
- Roberts v. RussellSupreme Court of the United States · 1968
- Gryger v. BurkeSupreme Court of the United States · 1948
- United States v. Ronald Deberry and Julius EdwardsCourt of Appeals for the Second Circuit · 1973
14 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Reginald Jackson v. Ernest Edwards, Superintendent of Otisville Correctional FacilityCourt of Appeals for the Second Circuit · 2005
- Andrews v. LeCLAIREDistrict Court, S.D. New York · 2010
- Domingo Casillas v. Charles Scully, Superintendent, Green Haven Correctional Facility, Stormville, New YorkCourt of Appeals for the Second Circuit · 1985
- United States ex rel. Stanbridge v. ZelkerCourt of Appeals for the Second Circuit · 1975
- Davis v. GreerCourt of Appeals for the Seventh Circuit · 1982
46 more not listed; retrieve them via the Exa API.