Legal Opinion
United States ex rel. Toland v. Phimister
District Court, S.D. New York
Decided February 27, 1969No. 68 Civ. 4379PublishedCited by 4 opinions
1Opinion of the Court
EDWARD WEINFELD, District Judge.
Petitioner, currently confined to a New York State institution upon one charge, and against whom a detainer warrant has been filed on another for parole violation, seeks by way of a federal writ of habeas corpus to vacate the judgment of conviction underlying the detainer. The challenged judgment was entered in 1956 in the Schenectady County Court upon his plea of guilty to the crimes of grand larceny in the first degree and burglary in the third degree. He was sentenced on February 28, 1956, as a second felony offender to concurrent terms of five to fifteen…
2Cases cited16 opinions
- People v. GowaskyNew York Court of Appeals · 1927
- Carlesi v. New YorkSupreme Court of the United States · 1914
- United States of America Ex Rel. Salvatore D'ambrosio, Relator-Appellant v. Hon. Edward M. Fay, as Warden of Green Haven Prison, Stormville, New YorkCourt of Appeals for the Second Circuit · 1965
- United States Ex Rel. Best v. FayDistrict Court, S.D. New York · 1965
- United States of America Ex Rel. Nicholas J. Marinaccio, Relator-Appellant v. Edward M. Fay, Warden of Green Haven Prison, Stormville, New YorkCourt of Appeals for the Second Circuit · 1964
11 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State Ex Rel. Appleby v. RechtWest Virginia Supreme Court · 2002
- Quillien v. LeekeDistrict Court, D. South Carolina · 1969
- Phillips v. Oconee CountyDistrict Court, D. South Carolina · 1969
- State Ex Rel. Appleby v. RechtWest Virginia Supreme Court · 2002