Legal Opinion
Meliano Diaz v. Robert Henderson, Superintendent, Auburn Correctional Facility
Court of Appeals for the Second Circuit
Decided June 7, 1990No. 1258, Docket 89-2412PublishedCited by 23 opinions
1Opinion of the Court
GEORGE C. PRATT, Circuit Judge:
Meliano Diaz, a New York State prisoner, appeals from a judgment dismissing his petition for a writ of habeas corpus, 28 U.S.C. § 2254, in which he claimed that the state’s seven-year delay in hearing his appeal violated his due process rights. The United States District Court for the Eastern District of New York, Jack B. Wein-stein, Judge, dismissed the petition. Because Diaz’s state appeal had been heard and affirmed before the federal court issued its order, the district court found the petition to be moot. Affirmance by the state court did not automatically…
2Cases cited11 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- Preiser v. RodriguezSupreme Court of the United States · 1973
- Evitts v. LuceySupreme Court of the United States · 1985
- Rheuark v. ShawCourt of Appeals for the Fifth Circuit · 1980
- Norman Simmons v. Edward F. Reynolds, Superintendent, Oneida Correctional Facility, and the People of the State of New YorkCourt of Appeals for the Second Circuit · 1990
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Harris v. ChampionCourt of Appeals for the Tenth Circuit · 1994
- Rodriguez v. WeprinCourt of Appeals for the Second Circuit · 1997
- Rodriguez v. WeprinCourt of Appeals for the Second Circuit · 1997
- Donald O. Coe v. Otis Thurman, WardenCourt of Appeals for the Ninth Circuit · 1991
- William Cody v. Robert J. Henderson, Warden, Auburn Correctional FacilityCourt of Appeals for the Second Circuit · 1991
18 more not listed; retrieve them via the Exa API.