Legal Opinion
Murcer v. Jones
District Court, S.D. New York
Decided December 28, 1982No. 81 Civ. 6094(MEL)PublishedCited by 3 opinions
1Opinion of the Court
LASKER, District Judge.
Following a jury trial Robert Murcer was convicted of two counts of Criminal Sale of a Controlled Substance in the Third Degree and one count of Criminal Possession of a Controlled Substance in the Third Degree (possession with intent to sell), New York Penal Law (“NYPL”) §§ 220.39 and 220.16. He petitions under 28 U.S.C. § 2254 for a writ of habeas corpus on the ground that he was deprived of his constitutional right to due process by the trial judge’s refusal to charge the jury on the lesser included offense of Criminal Possession of a Controlled Substance in the…
2Cases cited5 opinions
- Beck v. AlabamaSupreme Court of the United States · 1980
- William Daye v. Attorney General of the State of New York and Eugene Le Fevre, Superintendent, Greenhaven Correctional FacilityCourt of Appeals for the Second Circuit · 1982
- Hopper v. EvansSupreme Court of the United States · 1982
- People v. ScarboroughNew York Court of Appeals · 1980
- William Daye v. Attorney General of the State of New York and Eugene S. Lefevre,superintendent, Clinton Correctional FacilityCourt of Appeals for the Second Circuit · 1981
3Cited by3 opinions
- Dukette v. PerrinDistrict Court, D. New Hampshire · 1983
- People v. HernandezAppellate Division of the Supreme Court of the State of New York · 1995
- Murcer v. JonesCourt of Appeals for the Second Circuit · 1983