Legal Opinion
United States of America Ex Rel. Alfred Schnitzler v. Hon. Harold W. Follette, Warden of Green Haven Prison, Stormville, New York
Court of Appeals for the Second Circuit
Decided January 28, 1969No. 284, Docket 32894PublishedCited by 28 opinions
1Opinion of the Court
LUMBARD, Chief Judge:
The Attorney General appeals from a district court order which directs issuance of a writ of habeas corpus, despite the fact that this court previously rejected a habeas corpus application by petitioner Alfred Schnitzler based upon the same factual and legal contentions raised by his present petition.
We reverse. The district court abused its discretion under 28 U.S.C.A. § 2244(b) in entertaining petitioner’s application for habeas corpus since that application alleged no facts, and cited no legal authorities, differing from those before this court when it denied…
2Cases cited11 opinions
- Aguilar v. TexasSupreme Court of the United States · 1964
- Sanders v. United StatesSupreme Court of the United States · 1963
- United States Ex Rel. McCann v. ThompsonCourt of Appeals for the Second Circuit · 1944
- Port Authority Bondholders Protective Committee, Henry W. Klein, Alvin S. Lane, Adele W. Ginsberg and Morris L. Lewy v. Port of New York AuthorityCourt of Appeals for the Second Circuit · 1967
- United States v. Robert Sinclair FreemanCourt of Appeals for the Second Circuit · 1966
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Michael Santo Polizzi v. United States of America, Emprise Corporation v. United StatesCourt of Appeals for the Ninth Circuit · 1976
- Ronald Johnson v. Warden LumpkinCourt of Appeals for the Ninth Circuit · 1985
- James Dean Walker v. A.L. Lockhart, Superintendent of the Arkansas Department of CorrectionsCourt of Appeals for the Eighth Circuit · 1984
- Justin Hart v. Wal-Mart Stores, Inc. Associates' Health and Welfare PlanCourt of Appeals for the Seventh Circuit · 2004
- United States ex rel. Townsend v. TwomeyCourt of Appeals for the Seventh Circuit · 1971
23 more not listed; retrieve them via the Exa API.