Norman Simmons v. Edward F. Reynolds, Superintendent, Oneida Correctional Facility, and the People of the State of New York

GEORGE C. PRATT, Circuit Judge:

Norman Simmons, a New York State prisoner, appeals from a judgment that denied his petition for a writ of habeas corpus, 28 U.S.C. § 2254, despite the district court’s finding that the six-year delay in hearing the appeal of his conviction had violated his constitutional rights. The United States District Court for the Eastern District of New York, Eugene H. Nick-erson, Judge, determined that because Simmons’s state appeal had been heard and affirmed before the federal court issued its order, Simmons’s incarceration had become lawful. Thus, there was no basis on…