Legal Opinion

Fambo v. Smith

District Court, W.D. New York

Decided June 23, 1977No. Civ-76-4PublishedCited by 23 opinions

1Opinion of the Court

CURTIN, Chief Judge.

Petitioner Leonard Fambo has applied to this court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner was indicted, along with two others, in the Onondaga County Court in April 1971, for two violations of former § 265.05(7) of the New York Penal Law. Former § 265.05(7) (now recodified as § 265.04) provided that “any person who has in his possession any explosive substance with intent to use the same unlawfully against the person or property of another ... is guilty of a class B felony” (McKinney’s 1967). The first count of the indictment charged the…

2Cases cited52 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Chapman v. CaliforniaSupreme Court of the United States · 1967
  3. Boykin v. AlabamaSupreme Court of the United States · 1969
  4. In Re WINSHIPSupreme Court of the United States · 1970
  5. Johnson v. ZerbstSupreme Court of the United States · 1938

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3Cited by23 opinions

  1. Vietchau Nguyen v. United StatesCourt of Appeals for the Eighth Circuit · 1997
  2. Matthew v. JohnsonCourt of Appeals for the Fifth Circuit · 2000
  3. United States v. WilsonDistrict Court, S.D. New York · 1983
  4. United States v. Harvey Russell Wright, Jr.Court of Appeals for the Tenth Circuit · 1994
  5. William L. Campbell, III v. R.C. Marshall the Attorney General of OhioCourt of Appeals for the Sixth Circuit · 1985

18 more not listed; retrieve them via the Exa API.

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