Legal Opinion
Fleming v. Abrams
District Court, S.D. New York
Decided October 5, 1981No. 81 Civ. 3537 (WCC)PublishedCited by 4 opinions
1Opinion of the Court
OPINION AND ORDER
CONNER, District Judge:
Petitioner Thomas Fleming (“Fleming”) presents this application for a writ of haber as corpus, 28 U.S.C. § 2241, et seq., attacking his conviction for assault and criminal possession of a weapon. His petition raises questions of both jurisdiction and substance as follows: (1) whether Fleming is “in custody” under the federal habeas corpus statute; and (2) whether the judge’s charge to the jury on intoxication and self defense was constitutionally defective.
Background
Fleming was convicted on November 8, 1978 in the County Court, County of Westchester, on…
2Cases cited10 opinions
- Carafas v. LaValleeSupreme Court of the United States · 1968
- Jones v. CunninghamSupreme Court of the United States · 1963
- Hensley v. Municipal Court, San Jose-Milpitas Judicial Dist., Santa Clara Cty.Supreme Court of the United States · 1973
- Ostrer v. AronwaldCourt of Appeals for the Second Circuit · 1977
- Harvey v. South DakotaCourt of Appeals for the Eighth Circuit · 1975
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3Cited by4 opinions
- In Re LibertySupreme Court of Vermont · 1990
- Martin Ginsberg v. Robert Abrams, as Attorney General of the State of New YorkCourt of Appeals for the Second Circuit · 1983
- Fleming v. AbramsCourt of Appeals for the Second Circuit · 1982
- Holt v. VirginiaDistrict Court, W.D. Virginia · 1983