Legal Opinion
Hallowell v. Keve
District Court, D. Delaware
Decided April 22, 1976No. Civ. A. 75-339PublishedCited by 5 opinions
1Opinion of the Court
OPINION
STAPLETON, District Judge:
In this habeas corpus proceeding, petitioner attacks his state court conviction for second degree murder. First, he maintains that the trial judge deprived him of his rights to trial by jury and due process of law by refusing to charge the jury regarding involuntary manslaughter. Second, petitioner asserts that the court’s charge relieved the State of its constitutional duty under Mullaney v. Wilbur, 421 U.S. 684, 95 S.Ct. 1881, 44 L.Ed.2d 508 (1975) to prove an absence of provocation and passion beyond a reasonable doubt. 1
I. THE EVIDENCE AT TRIAL.
The facts…
2Cases cited23 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Preiser v. RodriguezSupreme Court of the United States · 1973
- Mullaney v. WilburSupreme Court of the United States · 1975
- Snyder v. MassachusettsSupreme Court of the United States · 1934
- Cupp v. NaughtenSupreme Court of the United States · 1973
18 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Commonwealth v. PetersMassachusetts Supreme Judicial Court · 1977
- Commonwealth v. JohnsonMassachusetts Supreme Judicial Court · 1977
- William M. Hallowell v. Paul W. Keve, Director of the Division of Adult Corrections and the State of DelawareCourt of Appeals for the Third Circuit · 1977
- Victory v. BombardDistrict Court, S.D. New York · 1977
- William M. Hallowell v. Paul W. Keve, Director of the Division of Adult Corrections and the State of DelawareCourt of Appeals for the Third Circuit · 1977