Legal Opinion

Harris v. Kuhlman

District Court, E.D. New York

Decided February 5, 1985No. CV-84-2657 (JBW)PublishedCited by 21 opinions

1Opinion of the Court

MEMORANDUM and ORDER

WEINSTEIN, Chief Judge:

Petitioner seeks a writ of habeas corpus. 28 U.S.C. § 2254. Several difficult problems are presented. First, whether petitioner, having made repeated efforts (through his family and by letters) to contact his attorney during this time and to obtain relief from the Clerk of the Appellate Division, can be said to have exhausted available state remedies. Second, whether the failure of petitioner’s court-appointed counsel to perfect his appeal to the Appellate Division within 7V2 years is attributable to the state. Finally, whether petitioner’s due…

2Cases cited33 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Anders v. CaliforniaSupreme Court of the United States · 1967
  3. Barker v. WingoSupreme Court of the United States · 1972
  4. Jones v. BarnesSupreme Court of the United States · 1983
  5. Rose v. LundySupreme Court of the United States · 1982

28 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Harris v. ChampionCourt of Appeals for the Tenth Circuit · 1994
  2. Donald O. Coe v. Otis Thurman, WardenCourt of Appeals for the Ninth Circuit · 1991
  3. 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
  4. Wheeler v. KellyDistrict Court, E.D. New York · 1986
  5. Grady v. ArtuzDistrict Court, S.D. New York · 1996

16 more not listed; retrieve them via the Exa API.

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