Legal Opinion
Homer Aki Mathis v. David Hood, Superintendent, Otisville Correctional Facility
Court of Appeals for the Second Circuit
Decided July 14, 1988No. 668, Docket 87-2420PublishedCited by 42 opinions
1Opinion of the Court
LUMBARD, Circuit Judge:
On August 27, 1987, Homer Aki Mathis filed a petition for a writ of habeas corpus in the Southern District alleging that the state’s five-and-one-half year delay in deciding his appeal constituted a denial of due process. By judgment entered September 25, 1987, Judge Daronco dismissed the petition for failure to exhaust state remedies. The district court granted petitioner’s request for a certificate of probable cause.
Mathis contends that exhaustion of state remedies is not required because (1) the delay was attributable to the state’s court system and (2) there was an…
2Cases cited4 opinions
- People v. BachertNew York Court of Appeals · 1987
- People ex rel. Douglas v. VincentNew York Court of Appeals · 1980
- People v. HairstonNew York Court of Appeals · 1961
- People v. AdamsNew York Court of Appeals · 1963
3Cited by42 opinions
- Donald O. Coe v. Otis Thurman, WardenCourt of Appeals for the Ninth Circuit · 1991
- Norman Simmons v. Edward F. Reynolds, Superintendent, Oneida Correctional Facility, and the People of the State of New YorkCourt of Appeals for the Second Circuit · 1990
- William Cody v. Robert J. Henderson, Warden, Auburn Correctional FacilityCourt of Appeals for the Second Circuit · 1991
- Homer Aki Mathis v. David Hood, Superintendent, Otisville Correctional FacilityCourt of Appeals for the Second Circuit · 1991
- Victor Turner v. Margaret BagleyCourt of Appeals for the Sixth Circuit · 2005
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