Legal Opinion
United States ex rel. Lupo v. Fay
Court of Appeals for the Second Circuit
Decided June 9, 1964No. 360, Docket 28211PublishedCited by 6 opinions
1Opinion of the Court
MARSHALL, Circuit Judge.
This is a habeas corpus proceeding, in which petitioner seeks to set aside his 1958 conviction in the Kings County Court on charges of grand larceny first degree (as a participant in a payroll robbery on December 7, 1956) and grand larceny second degree (in connection with the theft of an automobile on December 6, 1956). Judge Palmieri discharged the writ without a hearing, on grounds that the relator had failed to exhaust his state remedies, and thereafter granted a certificate of probable cause.
Although the appeal presents the exhaustion issue,1 and also the question…
2Cases cited10 opinions
- Mapp v. OhioSupreme Court of the United States · 1961
- Ker v. CaliforniaSupreme Court of the United States · 1963
- Miller v. United StatesSupreme Court of the United States · 1958
- People v. LoriaNew York Court of Appeals · 1961
- People v. CoffeyNew York Court of Appeals · 1963
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Orlando Rodriguez v. Harold Butler, Superintendent, Wallkill Correctional Facility, Wallkill, NewyorkCourt of Appeals for the Second Circuit · 1976
- United States ex rel. Montgomery v. WallackDistrict Court, S.D. New York · 1966
- United States ex rel. Eidenmuller v. FayDistrict Court, S.D. New York · 1965
- United States ex rel. Laino v. WallackDistrict Court, S.D. New York · 1964
- The United States Of America, Ex Rel. William Lupo v. Edward M. FayCourt of Appeals for the Second Circuit · 1964
1 more not listed; retrieve them via the Exa API.