Legal Opinion

Carmen Labruna v. U. S. Marshal, Western District of New York, and Attorney General of the State of New York

Court of Appeals for the Second Circuit

Decided November 25, 1981No. 387, Docket 81-2251PublishedCited by 13 opinions

1Opinion of the Court

MESKILL, Circuit Judge:

Petitioner Carmen LaBruna appeals from a judgment of the United States District Court for the Western District of New York, John T. Elfvin, Judge, dismissing his application for a writ of habeas corpus for failure to exhaust his state remedies as required by 28 U.S.C. § 2254(b) and (c) (1976). 1 LaBruna’s underlying contention, that the evidence adduced at his trial was insufficient to support his conviction, was never presented to the state courts as a federal constitutional claim because at the time of his state appeal, the federal rule required a showing that “no…

2Cases cited17 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Picard v. ConnorSupreme Court of the United States · 1971
  3. Fay v. NoiaSupreme Court of the United States · 1963
  4. Singleton v. WulffSupreme Court of the United States · 1976
  5. California v. GreenSupreme Court of the United States · 1970

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3Cited by13 opinions

  1. Benny Williams v. Robert Kullman and Robert Abrams, Attorney General, State of New YorkCourt of Appeals for the Second Circuit · 1983
  2. Lester Matlock v. James Rose, WardenCourt of Appeals for the Sixth Circuit · 1984
  3. United States v. Ryan HolnessCourt of Appeals for the Fourth Circuit · 2013
  4. Regions Bank v. Legal Outsource PACourt of Appeals for the Eleventh Circuit · 2019
  5. Victor E. Kiendra v. John T. Hadden, Warden, Federal Correctional Institute, Ray Brook, New YorkCourt of Appeals for the Second Circuit · 1985

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