Legal Opinion
Dominick Codispoti Y-1353 v. James F. Howard, Superintendent
Court of Appeals for the Third Circuit
Decided December 8, 1978No. 77-2634PublishedCited by 37 opinions
1Opinion of the Court
OPINION
A. LEON HIGGINBOTHAM, Jr., Circuit Judge.
I
We are confronted here with the question of whether a federal court is powerless to review a petition for a federal writ of habe-as corpus when a defendant has waited almost twelve years for the state trial court to rule on a motion for a new trial. The district court found that the petition is “premature” 1 because the petitioner “has failed to exhaust the remedies available to him in the courts of the Commonwealth,” and dismissed the request for federal habe-as corpus review. Codispoti v. Howard, No. 77-441, June 28, 1977.
In December 1966…
2Cases cited16 opinions
- Wainwright v. SykesSupreme Court of the United States · 1977
- Fay v. NoiaSupreme Court of the United States · 1963
- Brown v. AllenSupreme Court of the United States · 1953
- Frank v. MangumSupreme Court of the United States · 1915
- WILWORDING Et Al. v. SWENSON, WARDENSupreme Court of the United States · 1971
11 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Steven Schandelmeier v. Warden Richard Cunningham. Appeal of Steve SchandelmeierCourt of Appeals for the Third Circuit · 1986
- Wayne Paul Burkett v. Richard Cunningham, WardenCourt of Appeals for the Third Circuit · 1987
- Richard O.J. Mayberry v. George Petsock, SuperintendentCourt of Appeals for the Third Circuit · 1987
- Albert H. Carter v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1982
- Stanton T. Story v. Warden Tom Kindt Attorney General PreateCourt of Appeals for the Third Circuit · 1994
32 more not listed; retrieve them via the Exa API.