Legal Opinion

Green v. Scully

District Court, S.D. New York

Decided December 13, 1993No. 92 Civ. 4686 (VLB)PublishedCited by 2 opinions

1Opinion of the Court

VINCENT L. BRODERICK, District Judge.

I

Wayne Green filed a petition for habeas corpus under 28 U.S.C. 2254 seeking relief from his conviction in Westchester County Court for burglary in the second degree as a persistent felony offender and from his sentence to imprisonment for fifteen years to life on May 12, 1986. The petition was based upon unavailability of a transcript of the trial, said to be in part traceable to failure of petitioner’s appellate trial counsel to obtain a newly prepared transcript if the court reporter’s notes were still available. A hearing was held to reconstruct the…

2Cases cited5 opinions

  1. People v. GonzalezNew York Court of Appeals · 1986
  2. Draper v. WashingtonSupreme Court of the United States · 1963
  3. United States v. Lorenzo Nichols, Appeal of Claudia Mason and Char T. Davis, A/K/A "Shocker"Court of Appeals for the Second Circuit · 1990
  4. People v. GreenAppellate Division of the Supreme Court of the State of New York · 1990
  5. Solis v. WalkerDistrict Court, S.D. New York · 1992

3Cited by2 opinions

  1. Williams v. McCoyDistrict Court, E.D. New York · 1998
  2. Martinez v. SpencerDistrict Court, D. Massachusetts · 2002

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