Legal Opinion
United States of America Ex Rel. Lonnie Leston Gibbs v. John L. Zelker, Superintendent of Green Haven Correctional Facility, Stormville, New York
Court of Appeals for the Second Circuit
Decided April 23, 1974No. 75, Docket 73-1391PublishedCited by 35 opinions
1Opinion of the Court
TIMBERS, Circuit Judge:
Petitioner Gibbs, a New York state prisoner now incarcerated at the Green Haven Correctional Facility, appeals from an order entered February 28, 1973 in the Southern District of New York, Lee P. Gagliardi, District Judge, dismissing without a hearing Gibbs’ second petition for a writ of habeas corpus. We affirm the dismissal of the petition on the ground that Gibbs has not exhausted state remedies as required by 28 U.S.C. § 2254(b) and (c) (1970). Specifically, we hold that, since he did not raise in the New York state courts the same federal constitutional claims…
2Cases cited11 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Picard v. ConnorSupreme Court of the United States · 1971
- Ker v. CaliforniaSupreme Court of the United States · 1963
- Johnson v. New JerseySupreme Court of the United States · 1966
- In the Matter of the Petition of Leslie Bacon for Writ of Habeas Corpus v. United StatesCourt of Appeals for the Ninth Circuit · 1971
6 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- William Daye v. Attorney General of the State of New York and Eugene Le Fevre, Superintendent, Greenhaven Correctional FacilityCourt of Appeals for the Second Circuit · 1982
- Fielding v. LeFevreCourt of Appeals for the Second Circuit · 1977
- Joseph Wilson v. Walter Fogg, Superintendent, Green Haven Correctional FacilityCourt of Appeals for the Second Circuit · 1978
- John Wesley Ralls v. John R. Manson, Commissioner of Correction of the State of ConnecticutCourt of Appeals for the Second Circuit · 1974
- David Barnes v. Everett W. Jones, Superintendent Great Meadow Correctional Facility and the State of New YorkCourt of Appeals for the Second Circuit · 1981
30 more not listed; retrieve them via the Exa API.