Legal Opinion

United States of America Ex Rel. Rafael Echevarria v. Harry Silberglitt, Warden, Brooklyn House of Detention

Court of Appeals for the Second Circuit

Decided April 26, 1971No. 34502_1PublishedCited by 35 opinions

1Opinion of the Court

HAYS, Circuit Judge:

This is an appeal from a ruling of the United States District Court for the Eastern District of New York, denying petitioner’s application for a writ of habeas corpus on the ground that, since petitioner Echevarria had not properly effected removal of his case to the federal courts, the state court had jurisdiction to enter the conviction of which he complains.

Petitioner alleges that in the winter of 1968 while he was awaiting trial in the Brooklyn House of Detention, he wrote to the Clerk of the Eastern District requesting that a blank form of removal petition be…

2Cases cited3 opinions

  1. Adair Pipeline Company v. Pipeliners Local Union No. 798District Court, S.D. Texas · 1962
  2. Adair Pipeline Co., Inc. v. Pipeliners Local Union No. 798Court of Appeals for the Fifth Circuit · 1963
  3. Miller v. Southern Bell Telephone & Telegraph Co.Court of Appeals for the Fourth Circuit · 1922

3Cited by35 opinions

  1. In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
  2. Gary Dukes and Thomas E. Barber, D/B/A D & B Dozer Service v. South Carolina Insurance CompanyCourt of Appeals for the Fifth Circuit · 1985
  3. State v. HansonMontana Supreme Court · 1999
  4. Eastern v. CantyIllinois Supreme Court · 1979
  5. Denise F. Delavigne v. Dorsey H. Delavigne, Jr.Court of Appeals for the Fourth Circuit · 1976

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