Legal Opinion
United States of America Ex Rel. Larry Johnson v. Leon J. Vincent, Superintendent of Green Haven Correctional Facility, Stormville, New York
Court of Appeals for the Second Circuit
Decided March 24, 1975No. 1053, Docket 74-1401PublishedCited by 35 opinions
1Opinion of the Court
TIMBERS, Circuit Judge;
The State of New York appeals from an order entered January 30, 1974, after an evidentiary hearing in the Southern District of New York, Bauman, District Judge *, granting a state prisoner’s petition for a writ of habeas corpus, vacating his murder conviction and remanding his case for resentencing nunc pro tunc so that he can prosecute another direct appeal in the state courts.1 We reverse the order of the district court and dismiss the petition on the ground that petitioner has failed to exhaust state remedies as required by 28 U.S.C. § 2254(b) and (c) (1970).…
2Cases cited17 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Picard v. ConnorSupreme Court of the United States · 1971
- Fay v. NoiaSupreme Court of the United States · 1963
- Darr v. BurfordSupreme Court of the United States · 1950
- WILWORDING Et Al. v. SWENSON, WARDENSupreme Court of the United States · 1971
12 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Joseph Zicarelli v. Albert D. Gray, Jr., Superintendent, New Jersey State PrisonCourt of Appeals for the Third Circuit · 1976
- Acosta v. ArtuzCourt of Appeals for the Second Circuit · 2000
- Acosta v. ArtuzCourt of Appeals for the Second Circuit · 2000
- Prado McGee Jr. v. W.J. Estelle, Jr., Director, Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1984
- Brown v. FauverCourt of Appeals for the Third Circuit · 1987
30 more not listed; retrieve them via the Exa API.