Legal Opinion
Journet v. Coombe
District Court, S.D. New York
Decided October 17, 1986No. 83 Civ. 2273 (SWK)PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
KRAM, District Judge.
Respondent has moved to reargue this Court’s denial of respondent’s motion to dismiss petitioner Michael Journet’s habeas corpus petition on the ground, 567 F.Supp. 503, that Journet failed to exhaust his state court remedies as to his ineffective assistance of counsel claim, as required by 28 U.S.C. § 2254(b) and (c). Respondent maintains that the New York Appellate Division’s affirmance of Journet’s conviction, without opinion, must be viewed as having decided Journet’s ineffective assistance of counsel claim on procedural grounds rather than…
2Cases cited8 opinions
- Rose v. LundySupreme Court of the United States · 1982
- People v. BaldiNew York Court of Appeals · 1981
- People v. LoveNew York Court of Appeals · 1982
- People v. BrownNew York Court of Appeals · 1978
- Jose B. Martinez v. David R. Harris, Superintendent, Green Haven Correctional Facility, and Robert AbramsCourt of Appeals for the Second Circuit · 1982
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Walker v. DalsheimDistrict Court, S.D. New York · 1987