Legal Opinion

Gary Lee Gonce v. Warden Walter W. Redman, Delaware Correctional Center, the Attorney General of the State of Pennsylvania

Court of Appeals for the Third Circuit

Decided December 30, 1985No. 85-1304PublishedCited by 17 opinions

1Opinion of the Court

OPINION OF THE COURT

ADAMS, Acting Chief Judge.

In this appeal from the denial of a writ of habeas corpus, the petitioner asserts various violations of the Interstate Agreement on Detainers Act (IAD) 1 and the due process clause of the fourteenth amendment. Because we conclude that one of the grounds for relief that he has raised in his federal habeas petition — that he was denied a pretransfer hearing under Art. IV(d) of the IAD — was not fairly presented to the state courts, we will remand to the district court in order that petitioner may exhaust the pretransfer hearing claim in state court…

2Cases cited9 opinions

  1. Rose v. LundySupreme Court of the United States · 1982
  2. Cuyler v. AdamsSupreme Court of the United States · 1981
  3. Irvin v. DowdSupreme Court of the United States · 1959
  4. Leroy Brown v. Julius T. Cuyler, Supt., at S.C.I.G.Court of Appeals for the Third Circuit · 1982
  5. Swanger, Glenn R. v. Zimmerman, Charles H. Attorney General of the State of Pennsylvania, District Attorney of Lebanon CountyCourt of Appeals for the Third Circuit · 1984

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3Cited by17 opinions

  1. Wayne Paul Burkett v. Richard Cunningham, WardenCourt of Appeals for the Third Circuit · 1987
  2. Joseph D. McMAHON P-7814, Appellant, v. Thomas FULCOMER, SuperintendentCourt of Appeals for the Third Circuit · 1987
  3. Bond v. FulcomerCourt of Appeals for the Third Circuit · 1989
  4. Ross, Jeffrey Nead v. Petsock George, Superintendent Scip Attorney General of the State of PaCourt of Appeals for the Third Circuit · 1989
  5. Robert Chaussard v. Thomas Fulcomer, Warden Appeal of Robert W. ChaussardCourt of Appeals for the Third Circuit · 1987

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