Legal Opinion

United States ex rel. Comacho v. Follette

Court of Appeals for the Second Circuit

Decided September 1, 1970No. 931, Docket 33667Published

1Opinion of the Court

On remand from the United States Supreme Court.

2Per curiam

A judgment denying appellant’s petition for a writ of habeas corpus was reversed by this court on February 2, 1970, 421 F.2d 822, and remanded to the Southern District of New York for further proceedings. Subsequently the Supreme Court of the United States, 398 U.S. 279, 90 S.Ct. 1728, 26 L.Ed.2d 231, granted certiorari and after considering the case vacated the judgment of this court and remanded the case for further consideration in the light of McMann v. Richardson, 397 U.S. 759, 90 S.Ct. 1441, 25 L.Ed. *4302d 763 (1970). In compliance therewith…

3Cases cited4 opinions

  1. McMann v. RichardsonSupreme Court of the United States · 1970
  2. United States of America Ex Rel. Felix Comacho v. Harold W. Follette, Warden, Green Haven State Prison, Stormville, New YorkCourt of Appeals for the Second Circuit · 1970
  3. Follette v. ComachoSupreme Court of the United States · 1970
  4. Higgins v. United StatesSupreme Court of the United States · 1970

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