Legal Opinion
Hernandez v. Greiner
District Court, E.D. New York
Decided February 24, 2004No. 01-CV-2240PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
BLOCK, District Judge.
Petitioner Jose Hernandez (“Hernandez”) seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Court is faced with a core jurisdictional issue: whether it is precluded from considering petitioner’s constitutional claims because they were procedurally defaulted due to his assigned counsel’s failure to timely perfect his appeal as of right to the State’s highest court? The Court denies the writ for lack of jurisdiction, but grants a Certificate of Appealability to the Court of Appeals for the reasons that follow.
BACKGROUND
On January 24, 1994,…
2Cases cited29 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Batson v. KentuckySupreme Court of the United States · 1986
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Morrissey v. BrewerSupreme Court of the United States · 1972
- O'Sullivan v. BoerckelSupreme Court of the United States · 1999
24 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In Re McBreartyUnited States Bankruptcy Court, E.D. New York · 2005
- Jose Hernandez v. Charles GreinerCourt of Appeals for the Second Circuit · 2005
- State v. HughanNebraska Court of Appeals · 2005
- Simon,Carl v. Government of The Virgin IslandsDistrict Court, Virgin Islands · 2018