Legal Opinion · Dissent

Edwin Rivera v. Philip Coombe, Jr., Superintendent

Court of Appeals for the Second Circuit

Decided June 29, 1982No. 1228, Docket 82-2086Published

1DissentOakes, Circuit Judge

Recently the Supreme Court in a per curiam opinion chastised another circuit for “having ignored, consciously or unconsciously, the hierarchy of the federal court system created by the Constitution and the Congress,” reminding us that “a precedent of [the Supreme] Court must be followed by the lower federal courts no matter how misguided the judges of those courts may think it to be.” Hutto v. Davis, - U.S. -, 102 S.Ct. 703, 70 L.Ed.2d 556 (1982). Today my brethren go even further than Nelson v. Scully, 672 F.2d 266 (2d Cir. 1982), cert. denied, - U.S. -, 102 S.Ct. 2301, 73 L.Ed.2d 1304…

2Cases cited13 opinions

  1. Sandstrom v. MontanaSupreme Court of the United States · 1979
  2. Hutto v. DavisSupreme Court of the United States · 1982
  3. United States v. WinterCourt of Appeals for the First Circuit · 1981
  4. United States v. David Bernard BarashCourt of Appeals for the Second Circuit · 1966
  5. United States v. Ronald RobinsonCourt of Appeals for the Second Circuit · 1976

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