Edwin Rivera v. Philip Coombe, Jr., Superintendent
Court of Appeals for the Second Circuit
1Opinion of the Court
LUMBARD, Circuit Judge:
In 1974, the petitioner, Edwin “Teddy-bear” Rivera, stabbed a man in the back and killed him. He was subsequently convicted of first-degree manslaughter after a jury trial in the Bronx County Supreme Court. On February 11,1982, the Southern District of New York, Ward, J., 534 F.Supp. 980, granted Rivera’s petition for a writ of habeas corpus, holding that the trial court’s instruction on intent violated Rivera’s right to due process of law under Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39 (1979). We disagree and we reverse.
I
On the evening of…
2Cases cited7 opinions
- Sandstrom v. MontanaSupreme Court of the United States · 1979
- Mullaney v. WilburSupreme Court of the United States · 1975
- Morissette v. United StatesSupreme Court of the United States · 1952
- Al Mancuso v. David R. Harris, Superintendent of Greenhaven Correctional Facility and Robert Abrams, New York State Attorney GeneralCourt of Appeals for the Second Circuit · 1982
- Washington v. HarrisCourt of Appeals for the Second Circuit · 1981
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3Cited by19 opinions
- Vito Matarese v. Eugene Lefevre, Superintendent, Clinton Correctional Facility, and Robert Abrams, Attorney General, State of New YorkCourt of Appeals for the Second Circuit · 1986
- United States v. Daniel Nelson SilvaCourt of Appeals for the Fourth Circuit · 1984
- Tilden N. Engle v. Theodore Koehler, WardenCourt of Appeals for the Sixth Circuit · 1983
- Pedro Arroyo v. Everett Jones, Superintendent, Great Meadow Correctional Facility, and Robert Abrams, Attorney General of the State of New YorkCourt of Appeals for the Second Circuit · 1982
- Arce v. SmithDistrict Court, S.D. New York · 1989
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