Legal Opinion

Gittens v. Scully

District Court, S.D. New York

Decided May 16, 1990No. 89 Civ. 5762 (MGC)Published

1Opinion of the Court

AMENDED OPINION AND ORDER

CEDARBAUM, District Judge.

Petitioner Brian Gittens petitions for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner raises the following four grounds for habeas corpus relief: (1) the trial court improperly amended the indictment in its charge to the jury; (2) the trial court improperly denied the jury’s request to have testimony read back; (3) ineffective assistance of trial counsel; and (4) ineffective assistance of appellate counsel. For the reasons discussed below, the petition is denied.

PROCEDURAL HISTORY

Petitioner was convicted by a jury of robbery…

2Cases cited15 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Faretta v. CaliforniaSupreme Court of the United States · 1975
  3. Wainwright v. SykesSupreme Court of the United States · 1977
  4. Michigan v. LongSupreme Court of the United States · 1983
  5. Harris v. ReedSupreme Court of the United States · 1989

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