Legal Opinion
Brooks v. Jones
Court of Appeals for the Second Circuit
Decided May 12, 1989No. 1081, Docket 88-2245PublishedCited by 28 opinions
1Opinion of the Court
LUMBARD, Senior Circuit Judge:
David Brooks appeals from an order of the District Court for the Eastern District of New York, Glasser /., dismissing his petition for a writ of habeas corpus on the ground that Brooks had not exhausted his state remedies before filing his petition in federal court. We find that the circumstances surrounding the delay of Brooks’s appeal are such that there was little likelihood that his petitioning for a writ of cor-am nobis in the state courts would have been effective; we therefore reverse the dismissal of Brooks’s petition for a writ of habeas corpus and…
2Cases cited4 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- Jasper Roberson, Relator-Appellant v. State of ConnecticutCourt of Appeals for the Second Circuit · 1974
- Homer Aki Mathis v. David Hood, Superintendent, Otisville Correctional FacilityCourt of Appeals for the Second Circuit · 1988
- Wheeler v. KellyDistrict Court, E.D. New York · 1986
3Cited by28 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
- Anthony Jerome Harris v. Ron Champion, Warden Susan Brimmer Loving , Attorney General for the State of OklahomaCourt of Appeals for the Tenth Circuit · 1991
- Steven Anthony Heiser v. Warden Joseph RyanCourt of Appeals for the Third Circuit · 1994
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