HOGAN

v.

ESTELLE, CORRECTIONS DIRECTOR

Citator

Cited By

• Wedra v. Thomas, 671 F.2d 713 (2d Cir. 1982)
  …his testimony. That finding is presumed to be correct, 28 U.S.C. § 2254(d), and appellant has failed to sustain his burden of establishing by convincing evidence that it was wrong. Tanner v. Vincent, 541 F. 2d 932, 937 (2d Cir. 1976), cert. denied, 429 U.S. 1065, 97 S.Ct. 794, 50 L.Ed.2d 782 (1977); United States ex rel. Regina v. LaVallee, 504 F. 2d 580, 582 (2d Cir. 1974), cert. denied, 420 U.S. 947, 95 S.Ct. 1330, 43 L.Ed.2d 425 (1975). Judge Stewart found that “there is ample evidence on the record su…
• United States v. Hall, 724 F.2d 1055 (2d Cir. 1983)
  …n Judge Friendly’s opinion. The subsequent written confession and incriminating evidence produced by Hall’s wife were admissible in light of the valid [*1061] intervening Miranda warning. Tanner v. Vincent, 541 F. 2d 932 (2d Cir.1976), cert. denied, 429 U.S. 1065, 97 S.Ct. 794, 50 L.Ed.2d 782 (1977). Given the admissibility of overwhelming evidence of guilt, the conclusion that use of Hall’s initial oral confession was harmless error beyond a reasonable doubt would be well-nigh unassailable. See United State…
• Green v. Scully, 850 F.2d 894 (2d Cir. 1988)
  …es, 371 U.S. 341, 348, 83 S.Ct. 448, 453, 9 L.Ed.2d 357 (1963); Wolfrath v. La Vallee, 576 F. 2d 965, 971 (2d Cir.), cert. denied, 439 U.S. 933, 99 S.Ct. 325, 58 L.Ed. 2d 328 (1978); Tanner v. Vincent, 541 F. 2d 932, 936 (2d Cir.1976), cert. denied, 429 U.S. 1065, 97 S.Ct. 794, 50 L.Ed.2d 782 (1977). In Brady v. United States, 397 U.S. 742, 90 S.Ct. 1463, 25 L.Ed.2d 747 (1970), the Supreme Court explained the significance of the “promises” language used in Bram before ruling that Brady’s plea was not compel…