[DOWNLOAD] "Bentley v. Scully" by Second Circuit U.S. Court Of Appeals # eBook PDF Kindle ePub Free

eBook details

Title: Bentley v. Scully
Author : Second Circuit U.S. Court Of Appeals
Release Date : January 01, 1994
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 57 KB

Description

Respondent Charles Scully, Superintendent of New Yorks Greenhaven Correctional Facility (the "State") appeals from a judgment entered in the United States District Court for the Southern District of New York, Sweet, J., granting petitioner Roosevelt Bentleys ("petitioner" or "Bentley") petition for a writ of habeas corpus. Appellant seeks reversal of the district courts decision on several grounds. Specifically, appellant argues that the petition should be denied (1) under the abuse of writ doctrine, (2) because the district court erred in finding that petitioners claim of prosecutorial misconduct was not procedurally barred, and (3) because the district court improperly determined that the prosecutors statement during summation deprived petitioner of a fair trial. Finding that the trial error asserted by petitioner was harmless under the standard of Brecht v. Abrahamson, U.S., 113 S. Ct. 1710, 123 L. Ed. 2d 353 (1993), rehg denied, U.S., 113 S. Ct. 2951, 124 L. Ed. 2d 698 (1993), we vacate the judgment of the district court and remand with directions to dismiss the writ for the reasons set forth below.