BLOETH

v.

NEW YORK

Citator

Cited By

• United States ex rel. Francis Henry Bloeth v. Denno, 313 F.2d 364 (2d Cir. 1963)
  …o be executed, judgment affirmed by the New York Court of Appeals March 2, 1961, People v. Bloeth, 9 N.Y.2d 211, 213 N.Y.S.2d 51, 173 N.E. 2d 782, remittitur amended 9 N.Y.2d 823, 215 N.Y.S.2d 769, 175 N.E. 2d 347, certiorari denied October 9, 1961, 368 U.S. 868, 82 S.Ct. 98, 7 L.Ed.2d 65, petitioned in the United States District Court for the Southern District of New York for a writ of habeas corpus. Show cause order was granted, but the petition was withdrawn without prejudice January 9, 1962 in order to…
• United States ex rel. Anthony Scoleri v. Banmiller, 310 F.2d 720 (3d Cir. 1962)
  …nt years failed to evidence adequate appreciation of the vitality and sweep of the federal due process clause. It merits notation that in only one of the cases in which certiorari was denied, Commonwealth v. Rucker, sub. nom. Rucker v. Pennsylvania, 368 U.S. 868, 82 S.Ct. 91, 7 L.Ed.2d 65 (1961),9 one justice ex [*732] pressed an opinion that it should have been granted. The Waiver Issue: The majority holds that Scoleri did not, at his trial, waive the protection which it says was accorded him by the fede…

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• United States ex rel. Herman Rucker v. Myers, 311 F.2d 311 (3d Cir. 1962)
  …enial of his petition for a writ of habeas corpus on a claim that the procedure at his trial deprived him of due process of law. The highest state court had rejected this claim. Commonwealth v. Rucker, 1961, 403 Pa. 262, 168 A. 2d 732, cert. denied, 368 U.S. 868, 82 S.Ct. 91, 7 L.Ed.2d 65. During appellant’s trial and before his conviction, the jury was informed, over his objection, that he had previously been convicted of voluntary manslaughter and aggravated assault. The jury was instructed that it shou…