Legal Opinion
Miles v. Kelly
District Court, W.D. New York
Decided August 11, 1988No. CIV-87-134EPublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM AND ORDER
ELFVIN, District Judge.
The within Petition seeks a writ of habeas corpus to atone for an unconscionable delay in the processing of his appeal from a conviction in a criminal case in a state court. Note is taken of the fact that such delay has become endemic in New York in the area of appeals from such adverse trial results.
According to my practice, the Petition was referred to a Magistrate of this Court pursuant to 28 U.S.C. § 636(b)(1)(B) for all proceedings necessary to a determination of the merits of the factual and legal issues thereby presented and for the…
2Cases cited4 opinions
- 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
- Board of Education of City School District of City of New York v. HufstedlerCourt of Appeals for the Second Circuit · 1981
- Wheeler v. KellyCourt of Appeals for the Second Circuit · 1987
3Cited by1 opinion
- Simpson v. KeohaneDistrict Court, S.D. New York · 1990