Arthur Richard Gates v. Robert J. Henderson, Superintendent, Auburn Correctional Facility

I concur in the judgment and join in the opinion of Judge Oakes, concurring in the result.

APPENDIX

Opinion of the Panel

Before SMITH, OAKES and TIMBERS, Circuit Judges.

OAKES, Circuit Judge:

Had this appeal been before us one year ago, it would have been relatively easy to resolve. Three Supreme Court decisions in the spring and summer of 1976, while perhaps intended to simplify the federal courts’ labors as to habeas corpus petitions brought by state prisoners, have instead complicated analysis in the instant case. The United States District Court for the Southern District of New York, Robert L.…