Legal Opinion
United States of America Ex Rel. John Suggs v. J. Edwin La Vallee
Court of Appeals for the Second Circuit
Decided August 7, 1975No. 1042, Docket 75-2049PublishedCited by 11 opinions
1Opinion of the Court
TIMBERS, Circuit Judge:
The State of New York appeals from an order entered February 25, 1975 in the Southern District of New York, Kevin T. Duffy, District Judge, 390 F.Supp. 383, on a state prisoner’s petition for a writ of habeas corpus, vacating his pleas of guilty and directing that the writ issue in sixty days unless the prisoner is permitted to replead in the state court within that time.
With the benefit of the hindsight that the district court did not have, we vacate its order and we remand the case for an evidentiary hearing — by either the state court or the district court, as the…
2Cases cited6 opinions
- Boykin v. AlabamaSupreme Court of the United States · 1969
- Jackson v. DennoSupreme Court of the United States · 1964
- McCarthy v. United StatesSupreme Court of the United States · 1969
- Pate v. RobinsonSupreme Court of the United States · 1966
- James Leroy Iverson v. State of North DakotaCourt of Appeals for the Eighth Circuit · 1973
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Brandon v. StateCourt of Criminal Appeals of Texas · 1980
- United States of America Ex Rel. Thomas Trantino v. Robert Hatrack, Superintendent, New Jersey State Prison at RahwayCourt of Appeals for the Third Circuit · 1977
- Joe Stevenson Saddler v. United StatesCourt of Appeals for the Second Circuit · 1976
- John Suggs v. J. Edwin Lavallee, Superintendent, Clinton State Correctional InstitutionCourt of Appeals for the Second Circuit · 1978
- United States Ex Rel. Frantino v. HatrakDistrict Court, D. New Jersey · 1976
6 more not listed; retrieve them via the Exa API.