Legal Opinion
Paul L. Fitzsimmons v. Howard Yeager, Principal Keeper of the New Jersey State Prison at trenton,n.j. And the State of New Jersey
Court of Appeals for the Third Circuit
Decided February 19, 1968No. 16495PublishedCited by 70 opinions
1Opinion of the Court
OPINION OF THE COURT
FREEDMAN, Circuit Judge.
In 1959 a jury in the Superior Court of New Jersey found appellant guilty of murder in the first degree with a recommendation of mercy under which he was sentenced to life imprisonment. The present appeal is from the district court’s dismissal of his petition for habeas corpus on the ground that he had not exhausted the remedies available to him in the courts of New Jersey as required by 28 U.S.C. § 2254.1
I
We encounter at the threshold the jurisdictional problem which results when more than thirty days have elapsed after the denial of a petition for…
2Cases cited33 opinions
- Coppedge v. United StatesSupreme Court of the United States · 1962
- Fay v. NoiaSupreme Court of the United States · 1963
- United States v. RobinsonSupreme Court of the United States · 1960
- Smith v. BennettSupreme Court of the United States · 1961
- Fallen v. United StatesSupreme Court of the United States · 1964
28 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
- Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
- David Isaiah Garris v. Charles S. Lindsay, Administrator, Maximum Security FacilityCourt of Appeals for the D.C. Circuit · 1986
- Walter J. Cobb, on Behalf of Themselves and All Others Similarly Situated v. Jerry LewisCourt of Appeals for the Fifth Circuit · 1974
- Clark Jerome McMillan v. Eugene BarksdaleCourt of Appeals for the Sixth Circuit · 1987
- Harold Wilson v. Michael O'leary, Warden, Stateville Correctional CenterCourt of Appeals for the Seventh Circuit · 1990
65 more not listed; retrieve them via the Exa API.