Legal Opinion

United States v. Nicholas Forlano

Court of Appeals for the Second Circuit

Decided July 5, 1963No. 28007_1PublishedCited by 18 opinions

1Opinion of the Court

LUMBARD, Chief Judge.

Nicholas Forlano appeals from an order of the United States District Court for the Southern District of New York, denying, after a hearing, his application for a writ of error coram nobis 1 *to set aside a judgment of conviction entered against him in that court on April 10, 1935. As the basis for the district court’s denial of the application is uncertain, particularly in the light of Carnley v. Cochran, 369 U.S. 506, 514-516, 82 S.Ct. 884, 889, 8 L.Ed.2d 70 (1962), which apparently was not called to the court’s attention, we reverse and remand for a further hearing and…

2Cases cited5 opinions

  1. Carnley v. CochranSupreme Court of the United States · 1962
  2. United States v. MorganSupreme Court of the United States · 1954
  3. United States v. Dominick TriboteCourt of Appeals for the Second Circuit · 1961
  4. United States v. Thomas LavelleCourt of Appeals for the Second Circuit · 1962
  5. United States v. Joseph Castelli, A/K/A Giuseppe GaglianoCourt of Appeals for the Second Circuit · 1962

3Cited by18 opinions

  1. United States v. Alfred Thomas DushaneCourt of Appeals for the Second Circuit · 1970
  2. Henry William Theriault v. State of MississippiCourt of Appeals for the Fifth Circuit · 1968
  3. United States v. FlanaganDistrict Court, E.D. Virginia · 1969
  4. United States v. McDowellDistrict Court, W.D. Pennsylvania · 1971
  5. United States v. ForlanoDistrict Court, S.D. New York · 1965

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