RIVERA v. HARRIS

No. 246, Docket 80-2168.

643 F.2d 86 (1981)

Jose RIVERA, a/k/a Aramis Fernandez, Petitioner-Appellant, v. David R. HARRIS, Superintendent, Green Haven Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 18, 1981.


Attorney(s) appearing for the Case

Linda Fraser, New York City (Fisher & Fraser, New York City, on brief), for petitioner-appellant.

Clement H. Berne, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of the State of New York, George D. Zuckerman, Asst. Sol. Gen., New York City, on brief), for respondent-appellee.

Before OAKES and NEWMAN, Circuit Judges, and COFFRIN, District Judge.


NEWMAN, Circuit Judge:

This appeal from an unsuccessful habeas corpus challenge to a state court conviction raises interesting issues concerning the constitutionality of inconsistent verdicts rendered by a judge in a multi-defendant criminal trial without a reasoned explanation of the basis for the disparate results. Petitioner-appellant Jose Rivera and two co-defendants, Cynthia Humdy and Earl Robinson, were tried on charges of robbery and related offenses by a Justice...

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