Legal Opinion

Callahan v. LeFevre

Court of Appeals for the Second Circuit

Decided September 6, 1979No. Nos. 900, 1067, Dockets 78-2159, 79-2011PublishedCited by 21 opinions

1Opinion of the Court

J. JOSEPH SMITH, Circuit Judge:

These are cross-appeals by the State of New York and petitioner Lloyd Callahan from a modified order and judgment entered in the United States District Court for the Eastern District of New York, Charles P. Sifton, Judge, which granted in part the relief sought by Callahan in his petition for a writ of habeas corpus. We conclude that Callahan may have failed to exhaust his remedies in state court as to the ground on which the District Court relied in granting partial relief, but that another claim raised and exhausted by Callahan justifies conditionally granting…

2Cases cited13 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Picard v. ConnorSupreme Court of the United States · 1971
  3. Fay v. NoiaSupreme Court of the United States · 1963
  4. Sandstrom v. MontanaSupreme Court of the United States · 1979
  5. Cupp v. NaughtenSupreme Court of the United States · 1973

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

3Cited by21 opinions

  1. Eugene Twitty v. Harold J. Smith, Superintendent, Attica Correctional Facility, RespondentCourt of Appeals for the Second Circuit · 1979
  2. Washington v. HarrisCourt of Appeals for the Second Circuit · 1981
  3. Washington v. HarrisCourt of Appeals for the Second Circuit · 1981
  4. William J. Nelson v. Charles Scully, WardenCourt of Appeals for the Second Circuit · 1982
  5. David Kevin Justice v. Robert Hoke, Superintendent, Eastern Correctional FacilityCourt of Appeals for the Second Circuit · 1995

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API