When will a court grant a writ of habeas corpus relief against a defendant who has pleaded not guilty to a charge on intent?

MultiRegion, United States of America

The following excerpt is from Tsirizotakis v. LeFevre, 736 F.2d 57 (2nd Cir. 1984):

The court ruled that, for several reasons, the claimed deficiency in the trial court's charge on intent provided no sound basis for granting the writ. The court found that there was no prejudice to petitioner resulting from the challenged language for two reasons. First, the charge emphasized several times that the burden of proof was on the state to prove petitioner's guilt. Viewed as a whole, the charge was not prejudicial. Second, petitioner had apparently conceded the issue of intent by arguing justification. Thus, any error in the intent language was harmless. Finally, the court noted that petitioner had not properly objected to the intent charge in the state proceedings, and that this procedural default precluded his obtaining habeas corpus relief absent a showing of cause and prejudice pursuant to Wainwright v. Sykes, supra. (1983 Opinion at 4-5.)

Other Questions


Does the Rogers Rule apply to a defendant who has pleaded guilty to a similar charge but has pleaded not guilty to the same charge? ("New York", United States of America)
What is the effect of a sentence imposed by a federal district court on a defendant who has pleaded guilty to a charge of possession of a drug with intent to pervert the course of justice? (MultiRegion, United States of America)
In what circumstances will a federal district court sentence a defendant who pleaded guilty to a charge of assault with intent to pervert the course of justice? (MultiRegion, United States of America)
Is there any case law in which a defendant has argued that the sentencing of a defendant who has pleaded guilty to a charge of possession of a firearm with intent to endanger life and cause grievous bodily harm? (MultiRegion, United States of America)
Does a federal court have the power to grant habeas corpus relief against a state court's misapplication of its own sentencing laws? (MultiRegion, United States of America)
Can a federal court grant relief under Section 2254 or Section 2255 of the US Constitution for the purposes of habeas corpus relief on the basis that evidence obtained in an unconstitutional search or seizure was introduced at a state or federal trial? (MultiRegion, United States of America)
Does the fact that a state appellate court has been granted a hearing on an application for habeas corpus relief at the Superior Court of Appeal invalidate the application? (MultiRegion, United States of America)
Does the fact that appellant pleaded guilty to a charge of sexual assault in the Superior Court of Justice at the Court of Appeal preclude the appellant from seeking federal relief? (MultiRegion, United States of America)
Can a federal court grant habeas relief against a state court's decision not to grant it? (MultiRegion, United States of America)
What is the effect of a federal district court's "silent" judgment against a defendant who has pleaded guilty to a charge of possession of a drug with intent to pervert the course of justice? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.