Legal Opinion

Edward C. Forman v. Harold J. Smith, Superintendent, Attica Correctional Facility, Respondent

Court of Appeals for the Second Circuit

Decided October 8, 1980No. 869, Docket 80-2024PublishedCited by 73 opinions

1Opinion of the Court

NEWMAN, Circuit Judge:

The exercise of habeas corpus jurisdiction by a federal district court to assess the validity of a criminal conviction obtained in a state court creates an inevitable tension between two important principles: the observance of constitutional protections in the enforcement of criminal law and the maintenance of appropriate authority within the separate spheres of the state and federal court systems. That tension is especially strained when a petitioner convicted in state court seeks relief from a federal court asserting a constitutional claim that was rejected by the…

2Cases cited27 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Johnson v. ZerbstSupreme Court of the United States · 1938
  3. Wainwright v. SykesSupreme Court of the United States · 1977
  4. Stone v. PowellSupreme Court of the United States · 1976
  5. Fay v. NoiaSupreme Court of the United States · 1963

22 more not listed; retrieve them via the Exa API.

3Cited by73 opinions

  1. Carlos Pelaez-Edison Carmona v. United States Bureau of PrisonsCourt of Appeals for the Second Circuit · 2001
  2. Ford v. StricklandCourt of Appeals for the Eleventh Circuit · 1983
  3. Eugene Jerome Joseph Klein v. David Harris, Superintendent, Green Haven Correctional Facility, Robert Abrams, Attorney GeneralCourt of Appeals for the Second Circuit · 1981
  4. Willis Leroy v. R.C. Marshall, Supt.Court of Appeals for the Sixth Circuit · 1985
  5. United States of America Ex Rel. Nathaniel Spurlark, Petitioner-Appellee-Cross-Appellant v. Dennis Wolff, Respondents-Appellants-Cross-AppelleesCourt of Appeals for the Seventh Circuit · 1983

68 more not listed; retrieve them via the Exa API.

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