Legal Opinion

Novack v. Garvin

District Court, E.D. New York

Decided April 20, 1998No. CV 97-2156 (CPS)Published

1Opinion of the Court

MEMORANDUM AND ORDER

SIFTON, Chief Judge.

Valery Novack brings this habeas corpus petition seeking to vacate his state conviction. Respondent moves to dismiss the petition on the ground that it is procedurally barred. For the reasons set forth below, the petition for a writ of habeas corpus is dismissed because .of petitioner’s failure to exhaust his state court remedies.

BACKGROUND

In 1991, Valery Novack was accused of having sodomized and sexually abused a mentally incompetent, nineteen-year-old girl. During a jury trial in the Supreme Court of New York in Kings County, a vaginal slide and…

2Cases cited11 opinions

  1. Coleman v. ThompsonSupreme Court of the United States · 1991
  2. Wainwright v. SykesSupreme Court of the United States · 1977
  3. Picard v. ConnorSupreme Court of the United States · 1971
  4. Harris v. ReedSupreme Court of the United States · 1989
  5. 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

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