Legal Opinion
Brayboy v. Scully
Court of Appeals for the Second Circuit
Decided December 9, 1982No. 332, Docket 82-2150PublishedCited by 17 opinions
1Opinion of the Court
WINTER, Circuit Judge:
McDaniel Brayboy appeals from an order of the United States District Court for the Southern District of New York, Judge Abraham D. Sofaer, denying his petition for a writ of habeas corpus. Judge Sofaer granted a certificate of probable cause and Brayboy claims here, as he did below, that the writ should issue on the grounds that a pre-trial identification procedure was impermissibly suggestive and that the trial court unconstitutionally shifted the burden of proof as to criminal intent in instructing the jury. We affirm.
I
The facts are not in dispute. Brayboy was…
2Cases cited10 opinions
- Neil v. BiggersSupreme Court of the United States · 1972
- Stovall v. DennoSupreme Court of the United States · 1967
- Manson v. BrathwaiteSupreme Court of the United States · 1977
- Sandstrom v. MontanaSupreme Court of the United States · 1979
- Cupp v. NaughtenSupreme Court of the United States · 1973
5 more not listed; retrieve them via the Exa API.
3Cited by17 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. Miguel Bautista and Tony Rodriguez Perez, Luis R. Minier-ContrerasCourt of Appeals for the Second Circuit · 1994
- Cochran v. StateCourt of Criminal Appeals of Alabama · 1984
- 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
12 more not listed; retrieve them via the Exa API.