Legal Opinion

Saul K. Rosenfeld v. Kenneth W. Dunham, Superintendent

Court of Appeals for the Second Circuit

Decided June 1, 1987No. 986, Docket 86-2209PublishedCited by 28 opinions

1Opinion of the Court

CARDAMONE, Circuit Judge:

When a state petitioner seeks a federal writ of habeas corpus claiming his detention violates his constitutional rights, he is entitled to have a federal court determine the merits of that federal claim independently of the determination made in state court. When, on the other hand, the federal claims were not resolved on the merits in the state courts because of the petitioner’s failure to comply with state procedure, then the petitioner must demonstrate cause and actual prejudice before being entitled to federal habeas relief. We have previously crafted a rule for…

2Cases cited17 opinions

  1. Delaware v. Van ArsdallSupreme Court of the United States · 1986
  2. Wainwright v. SykesSupreme Court of the United States · 1977
  3. Engle v. IsaacSupreme Court of the United States · 1982
  4. Rose v. ClarkSupreme Court of the United States · 1986
  5. People v. HarrisNew York Court of Appeals · 1982

12 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Charles Jones v. Dennis Vacco, Attorney General of the State of New YorkCourt of Appeals for the Second Circuit · 1997
  2. Larry Davis v. Douglas T. Lansing, Warden, Metropolitan Correctional Center, and Richard J. Koehler, Commissioner of Corrections, City of New YorkCourt of Appeals for the Second Circuit · 1988
  3. United States v. John Charles Richard MentzCourt of Appeals for the Sixth Circuit · 1988
  4. James Beverly v. Hans Walker, Superintendent of Auburn Correctional FacilityCourt of Appeals for the Second Circuit · 1997
  5. Underwood v. KellyDistrict Court, E.D. New York · 1988

23 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API