Legal Opinion

Elcock v. Henderson

Court of Appeals for the Second Circuit

Decided October 17, 1991No. Nos. 1468, 1719, Dockets 91-2049, 91-2051PublishedCited by 7 opinions

1Opinion of the Court

KEARSE, Circuit Judge:

Petitioner Wendell Elcock is a New York State prisoner whose appeal from his conviction in state court took 8V2 years. A due process claim based on that delay was first raised in federal court on a prior appeal to this Court from the dismissal of a petition for habeas corpus on other grounds. See Elcock v. Henderson, 902 F.2d 219 (2d Cir.1990) (per curiam). We remanded to the United States District Court for the *1006Eastern District of New York for the appointment of counsel and consideration of whether the 8/2-year delay violated El-cock’s right to due process. On remand,…

2Cases cited14 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Barker v. WingoSupreme Court of the United States · 1972
  3. Evitts v. LuceySupreme Court of the United States · 1985
  4. 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
  5. William Cody v. Robert J. Henderson, Warden, Auburn Correctional FacilityCourt of Appeals for the Second Circuit · 1991

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3Cited by7 opinions

  1. Mikail Muwwakkil, A/K/A Michael Negron v. Robert Hoke, Superintendent, Eastern Correctional FacilityCourt of Appeals for the Second Circuit · 1992
  2. Roberites v. CollyCourt of Appeals for the Second Circuit · 2013
  3. Wendell Elcock v. Robert J. Henderson, Superintendent of Auburn Correctional FacilityCourt of Appeals for the Second Circuit · 1994
  4. Cameron v. LeFevreDistrict Court, E.D. New York · 1995
  5. United States Ex Rel. Green v. WashingtonDistrict Court, N.D. Illinois · 1996

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