Legal Opinion
Sheldon Levine v. Commissioner of Correctional Services
Court of Appeals for the Second Circuit
Decided January 3, 1995No. 75, Docket 93-2803PublishedCited by 110 opinions
1Opinion of the Court
McLAUGHLIN, Circuit Judge:
Sheldon Levine appeals from the dismissal of his petition for a writ of habeas corpus filed in the United States District Court for the Eastern District of New York (Eugene H. Nickerson, Judge) pursuant to 28 U.S.C. § 2254. In that petition, Levine raised a double jeopardy claim, two due process claims, and an ineffective assistance of counsel claim. The district court held that, because he had failed to raise it before the New York Court of Appeals, Levine’s double jeopardy claim should be dismissed for failure to exhaust state remedies. We agree, and affirm on that…
2Cases cited17 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Murray v. CarrierSupreme Court of the United States · 1986
- Rose v. LundySupreme Court of the United States · 1982
- Picard v. ConnorSupreme Court of the United States · 1971
- McCleskey v. ZantSupreme Court of the United States · 1991
12 more not listed; retrieve them via the Exa API.
3Cited by110 opinions
- Donovan Spence v. Superintendent, Great Meadow Correctional Facility, and Commissioner, New York State Department of Correctional ServicesCourt of Appeals for the Second Circuit · 2000
- Matthews v. EvattCourt of Appeals for the Fourth Circuit · 1997
- Otis Glenn, A/K/A Sammy McBride v. George Bartlett, Superintendent of Elmira Correctional FacilityCourt of Appeals for the Second Circuit · 1996
- Qabail Hizbullahankhamon v. Hans Walker, the Superintendent of Auburn Correctional FacilityCourt of Appeals for the Second Circuit · 2001
- Edwardo Reyes v. John P. Keane, Superintendent, Sing Sing Correctional FacilityCourt of Appeals for the Second Circuit · 1997
105 more not listed; retrieve them via the Exa API.