Legal Opinion
Ernesto Gonzalez v. James E. Sullivan
Court of Appeals for the Second Circuit
Decided May 28, 1991No. 926, Docket 90-2455PublishedCited by 130 opinions
1Opinion of the Court
CARDAMONE, Circuit Judge:
We have before us an appeal from a judgment of the United States District Court for the Eastern District of New York (Weinstein, J.) denying the petition of Ernesto Gonzalez for a writ of habeas corpus made pursuant to 28 U.S.C. § 2254. The adage “forewarned is forearmed” means essentially that in order to respond one must be alerted. Decisive to our holding is that a state court must be given fair warning of the federal nature of a petitioner’s claim before it can be said to be exhausted. From the dismissal of his petition Gonzalez raises four claims: (1) the…
2Cases cited22 opinions
- Murray v. CarrierSupreme Court of the United States · 1986
- Wainwright v. SykesSupreme Court of the United States · 1977
- Teague v. LaneSupreme Court of the United States · 1989
- Picard v. ConnorSupreme Court of the United States · 1971
- Fay v. NoiaSupreme Court of the United States · 1963
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3Cited by130 opinions
- Ortiz v. BarkleyDistrict Court, S.D. New York · 2008
- Sheldon Levine v. Commissioner of Correctional ServicesCourt of Appeals for the Second Circuit · 1995
- Roosevelt C. Bentley v. Charles Scully, Superintendent, Greenhaven Correctional FacilityCourt of Appeals for the Second Circuit · 1994
- Anthony Reid v. Daniel A. Senkowski, Superintendent, Clinton Correctional FacilityCourt of Appeals for the Second Circuit · 1992
- Ray Agard v. Leonard Portuondo, Superintendent of Fishkill Correctional FacilityCourt of Appeals for the Second Circuit · 1997
125 more not listed; retrieve them via the Exa API.