Keh Gayle, Petner-appellant, v. Charl Scully, Supertennt, Green Haven Correctnalfacily, Rponnt-appellee, 779 F.2d 802 (2d Cir. 1985) se opn om the US Court of Appeals for the Send Circu
Contents:
- KEH GAYLE
- GAYLE KEH
- KEH GAYLE, PETNER-APPELLANT, V. CHARL SCULLY, SUPERTENNT, GREEN HAVEN CORRECTNALFACILY, RPONNT-APPELLEE, 779 F.2D 802 (2D CIR. 1985)
- KEH GAYLE FOUND 57 PEOPLE FLORIDA, CALIFORNIA AND 25 OTHER STAT
- KEH GAYLE, PETNER-APPELLANT, V. EUGENE LEFEVRE, SUPERTENNT, CLTON CORRECTNALFACILY, DEFENDANT-APPELLEE, 613 F.2D 21 (2D CIR. 1980)
- KEH GAYLE, PETNER-APPELLANT, V. LOUIS MANN, SUPERTENNT, SHAWANGUNK CORRECTNALFACILY, RPONNT-APPELLEE, 966 F.2D 81 (2D CIR. 1992)
KEH GAYLE
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GAYLE KEH
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KEH GAYLE, PETNER-APPELLANT, V. CHARL SCULLY, SUPERTENNT, GREEN HAVEN CORRECTNALFACILY, RPONNT-APPELLEE, 779 F.2D 802 (2D CIR. 1985)
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KEH GAYLE FOUND 57 PEOPLE FLORIDA, CALIFORNIA AND 25 OTHER STAT
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BACKGROUND Procral History On April 23, 1974, petner Gayle was dicted Kgs County, State of New York, for the murr of one Dennis Nun on January 2, 1972. The jury found Gayle guilty of Murr the Send Degree, and on October 28, 1974 he was sentenced to a prison term of twenty-five years to life.
KEH GAYLE, PETNER-APPELLANT, V. EUGENE LEFEVRE, SUPERTENNT, CLTON CORRECTNALFACILY, DEFENDANT-APPELLEE, 613 F.2D 21 (2D CIR. 1980)
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In April of 1977, Gayle filed a petn the Uned Stat District Court for the Eastern District of New York seekg a wr of habeas rp; he claimed that the trial judge's nduct had been so biased that nied him a fair trial and thereby prived him of liberty whout due procs of law. On September 14, 1978, the district urt (Neaher, Judge), lg on the mers, nied Gayle's petn.
), we held that Gayle had not exhsted his state remedi aquately bee his state appeal he had failed to intify his claim of nial of fair trial based on judicial bias as assertg the nial of a feral nstutnal right. Thereafter, on March 6, 1981, Supreme Court, Kgs County, Gayle filed a motn to vate his nvictn pursuant to N. In support of this motn, Gayle alleged an affidav that the state trial judge's bias had prived him of his rights unr the fourteenth amendment.
KEH GAYLE, PETNER-APPELLANT, V. LOUIS MANN, SUPERTENNT, SHAWANGUNK CORRECTNALFACILY, RPONNT-APPELLEE, 966 F.2D 81 (2D CIR. 1992)
Keh Gayle, Petner-appellant, v. Eugene Lefevre, Supertennt, Clton Correctnalfacily, Defendant-appellee, 613 F.2d 21 (2d Cir. 1980) se opn om the US Court of Appeals for the Send Circu * keith gayle *
On April 20, 1982, the Appellate Divisn, Send Department, nied Gayle leave to appeal.
On September 30, 1982, Gayle filed the stant habeas petn the Uned Stat District Court for the Eastern District of New York pursuant to 28 U.
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LeFevre--Gayle had sufficiently intified his claim of nial of a feral nstutnal right his direct state appeal, and that he had exhsted his state remedi sufficiently to pursue his habeas applitn feral urt. Then, addrsg the mers of Gayle's applitn, the district judge found that "although the trial judge's nduct may have approached the nstutnal lim of fundamental fairns, the petner here was not nied a fundamentally fair trial.
" The Trial At Gayle's state trial for murr, the prosecutn prented evince om which the jury uld have found the followg: On January 2, 1972, at approximately 1:00 a.
Marks Avenue Brooklyn, Gayle approached Dennis Nun and greeted him; Gayle walked a few steps wh Nun and then drew a small tomatic handgun, placed at Nun' stomach, fired one shot, and fled; Nun fell to the floor; mut later, another man me down the stairs of the hoe and fired a gun at Nun but did not h him. " (Foster heard no nversatn); the two men then walked together to an adjog unl room where the man the dark at took a gun om his waist and fired a sgle shot to Nun' torso; wh a few moments, another man me down the stairs of the buildg, stopped several feet om Nun--who had fallen to the floor--and fired two shots; neher of the two bullets h Nun; Jon and Foster both intified Gayle as the man the dark at who had fired the shot that stck Nun.