· 10/29/2001
Ronald Davis v. Wayne Strack, Superintendent, Fishkill Correctional Facility and Dennis C. Vacco, New York State Attorney General
Citations
- 270 F.3d 111
- 2001 U.S. App. LEXIS 23399
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- relying in part On the fáct that the assailant was “visibly high” on POP in concluding that the defendant’s fear was reasonable
- finding erroneous jury instruction violated Due Process when “[t]he effect of the error was catastrophic.”
- finding a denial of due process where the defendant had confessed to intentionally shooting the victim and denial of an instruction on justification rendered the case against him “open and shut”
- “[T]he jury, by ruling in Davis’s favor on the question of extreme emotional disturbance, showed that it generally accepted the truthfulness of Davis’s testimony.”
- federal claims are fairly presented by even a “minimal reference” to the provision of federal law that petitioner relies upon
- claim fairly presented where petitioner mentioned due process right to fair trial and Fourteenth Amendment in point heading
Source: CourtListener parenthetical corpus (CC0).
Judges: Leval, Sack, Sotomayor
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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