1. Home
  2. Browse Decisions
  3. F.3d
  4. 391 F.3d
  5. 391 F.3d 135 (2004)
 

WADE v. HERBERT

Docket No. 03-2905.

391 F.3d 135 (2004)

Tremain WADE, Petitioner-Appellant, v. Victor HERBERT, Superintendent of Attica Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 9, 2004.

Attorney(s) appearing for the Case

Kevin F. Casey, The Legal Aid Society, Criminal Appeals Bureau, Brooklyn, N.Y. (Laura Johnson, on the brief), for Petitioner-Appellant.

Michael D. Tarbutton, Assistant District Attorney, District Attorney's Office, Queens County, Kew Gardens, N.Y. (Richard A. Brown, District Attorney, and John M. Castellano, Assistant District Attorney, on the brief), for Respondent-Appellee.

Before: LEVAL and PARKER, Circuit Judges, and IRENAS, District Judge.

Judge IRENAS concurs by separate opinion.

LEVAL, Circuit Judge:

Tremain Wade appeals from the district court's denial of his petition for habeas corpus under 28 U.S.C. § 2254, seeking to set aside his conviction in courts of the State of New York for murder and illegal weapons possession. At his trial, the New York Supreme Court excluded Wade's alibi defense on the ground that his alibi notice was untimely under New York's Criminal Procedure Law Section...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases