Legal Opinion
Alfred Mancuso v. Victor Herbert, Superintendent, Collins Correctional Facility
Court of Appeals for the Second Circuit
Decided January 25, 1999No. Docket 97-3644PublishedCited by 27 opinions
1Opinion of the Court
WINTER, Chief Judge:
This motion asks us to reconsider our July 7, 1998 order recalling the mandate in this matter and granting Alfred Mancuso’s motion to remand his 28 U.S.C. § 2254 habeas corpus petition to the district court. Through a procedural mix-up, appellee (“the state”) was not given an opportunity to respond to petitioner’s motion for recall. It now argues that our order granting the motion for recall in light of the Supreme Court’s recent decision in Stewart v. Martinez-Villareal, 523 U.S. 637, 118 S.Ct. 1618, 140 L.Ed.2d 849 (1998), was erroneous. We agree. Accordingly, we grant…
2Cases cited18 opinions
- Lindh v. MurphySupreme Court of the United States · 1997
- Ford v. WainwrightSupreme Court of the United States · 1986
- Calderon v. ThompsonSupreme Court of the United States · 1998
- Stewart v. Martinez-VillarealSupreme Court of the United States · 1998
- In Re Avery W. Vial, MovantCourt of Appeals for the Fourth Circuit · 1997
13 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Donovan Spence v. Superintendent, Great Meadow Correctional Facility, and Commissioner, New York State Department of Correctional ServicesCourt of Appeals for the Second Circuit · 2000
- Louis Eze v. Daniel A. Senkowski, Superintendent, Clinton Correctional FacilityCourt of Appeals for the Second Circuit · 2003
- Ramirez v. United StatesDistrict Court, S.D. New York · 2012
- Robert Rodriguez v. Robert Mitchell, Superintendent, Eastern Correctional Facility, and Eliot Spitzer, Attorney General, State of New YorkCourt of Appeals for the Second Circuit · 2001
- William Weaver,petitioner-Appellee v. Michael Bowersox,respondent-AppellantCourt of Appeals for the Eighth Circuit · 2001
22 more not listed; retrieve them via the Exa API.