Legal Opinion
Devino v. Duncan
District Court, S.D. New York
Decided August 13, 2002No. 01 Civ.9044 DLCPublishedCited by 18 opinions
1Opinion of the Court
OPINION AND ORDER
COTE, District Judge.
The original petition for a writ of habeas corpus filed by this prisoner was timely. Thereafter, guided by an Order of this Coui’t, he voluntarily dismissed the petition to exhaust additional claims. After promptly pursuing state court remedies, he even more promptly refiled his petition which, principally because of the Supreme Court’s intervening decision in Duncan v. Walker, 533 U.S. 167, 121 S.Ct. 2120, 150 L.Ed.2d 251 (2001), is untimely. Through an Opinion and Order of January 24, 2002 (the “January 24 Opinion”), the Court appointed counsel for the…
2Cases cited18 opinions
- Duncan v. WalkerSupreme Court of the United States · 2001
- Agostini v. FeltonSupreme Court of the United States · 1997
- Samuel Nemaizer, General Manager of the New York Coat, Suit, Dress, Rainwear and Allied Workers' Union I.L.G.W.U. v. Jack Baker, an IndividualCourt of Appeals for the Second Circuit · 1986
- United States of America, Charles M. Carberry v. International Brotherhood of Teamsters, Ron Carey & William HamiltonCourt of Appeals for the Second Circuit · 2001
- Victor Zarvela v. Christopher Artuz, SuperintendentCourt of Appeals for the Second Circuit · 2001
13 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Stevens v. MillerCourt of Appeals for the Second Circuit · 2012
- Yesh Music v. Lakewood ChurchCourt of Appeals for the Fifth Circuit · 2013
- Evans v. SenkowskiDistrict Court, E.D. New York · 2002
- Farmers Union Mutual Insurance v. BodellMontana Supreme Court · 2008
- Scott v. GardnerDistrict Court, S.D. New York · 2004
13 more not listed; retrieve them via the Exa API.