Legal Opinion
Bisaccia, Robert v. The Attorney General of the State of New Jersey
Court of Appeals for the Third Circuit
Decided June 12, 1980No. 79-2040PublishedCited by 116 opinions
1Opinion of the Court
OPINION OF THE COURT
A. LEON HIGGINBOTHAM, Jr., Circuit Judge.
This is an appeal from a denial of a petition for a writ of habeas corpus. The district court held that the appellant had failed to satisfy the “exhaustion of state remedies” requirement of 28 U.S.C. § 2254(b) and had failed to demonstrate a constitutional violation as required by 28 U.S.C. § 2254(a). We disagree with both of these conclusions and therefore will reverse.
I
The appellant, Robert Bisaccia, was convicted in a New Jersey state court along with three co-defendants of conspiracy, entering with intent to steal, and larceny…
2Cases cited17 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Picard v. ConnorSupreme Court of the United States · 1971
- Fay v. NoiaSupreme Court of the United States · 1963
- Donnelly v. DeChristoforoSupreme Court of the United States · 1974
- Rochin v. CaliforniaSupreme Court of the United States · 1952
12 more not listed; retrieve them via the Exa API.
3Cited by116 opinions
- William Daye v. Attorney General of the State of New York and Eugene Le Fevre, Superintendent, Greenhaven Correctional FacilityCourt of Appeals for the Second Circuit · 1982
- Alfred Albrecht, Sr., in No. 04-9006 v. Martin Horn, Commissioner, Pennsylvania Department of Corrections, in No. 04-9005Court of Appeals for the Third Circuit · 2007
- State v. TollardoNew Mexico Supreme Court · 2012
- United States of America Ex Rel. Nathaniel Spurlark, Petitioner-Appellee-Cross-Appellant v. Dennis Wolff, Respondents-Appellants-Cross-AppelleesCourt of Appeals for the Seventh Circuit · 1983
- Evans v. Court of Common Pleas, Delaware CountyCourt of Appeals for the Third Circuit · 1992
111 more not listed; retrieve them via the Exa API.