HENDERSON v. KIBBE

No. 75-1906.

431 U.S. 145 (1977)

HENDERSON, CORRECTIONAL SUPERINTENDENT v. KIBBE.

Supreme Court of United States.

Decided May 16, 1977.


Attorney(s) appearing for the Case

Lillian Zeisel Cohen, Assistant Attorney General of New York, argued the cause for petitioner. With her on the briefs were Louis J. Lefkowitz, Attorney General, Samuel A. Hirshowitz, First Assistant Attorney General, and Margery Evans Reifler, Assistant Attorney General.

Sheila Ginsberg argued the cause for respondent. With her on the brief were William E. Hellerstein and Phylis Skloot Bamberger.*


MR. JUSTICE STEVENS delivered the opinion of the Court.

Respondent is in petitioner's custody pursuant to a conviction for second-degree murder. The question presented to us is whether the New York State trial judge's failure to instruct the jury on the issue of causation was constitutional error requiring a Federal District Court to grant habeas corpus relief. Disagreeing with a divided panel of the Court of Appeals for...

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