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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.