Legal Opinion
Wheeler v. Kelly
District Court, E.D. New York
Decided July 21, 1986No. CV 86-0197PublishedCited by 32 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
WEXLER, District Judge.
Petitioner Randy Wheeler, an inmate at the Attica Correctional Facility in Attica, New York filed this petition for a writ of habeas corpus, 28 U.S.C. § 2254, claiming that the failure to decide the appeal of his criminal conviction within five years of sentencing violates the Due Process clause of the Fourteenth Amendment to the United States Constitution. For the reasons stated below, the writ is granted.
I
On April 30, 1981, Petitioner Randy Wheeler was sentenced in County Court, County of Nassau, to an indeterminate term of imprisonment of twenty…
2Cases cited24 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- Rose v. LundySupreme Court of the United States · 1982
- Picard v. ConnorSupreme Court of the United States · 1971
- Fay v. NoiaSupreme Court of the United States · 1963
- Carafas v. LaValleeSupreme Court of the United States · 1968
19 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Harris v. ChampionCourt of Appeals for the Tenth Circuit · 1994
- Lanier v. StateMississippi Supreme Court · 1996
- Donald O. Coe v. Otis Thurman, WardenCourt of Appeals for the Ninth Circuit · 1991
- Norman Simmons v. Edward F. Reynolds, Superintendent, Oneida Correctional Facility, and the People of the State of New YorkCourt of Appeals for the Second Circuit · 1990
- William Cody v. Robert J. Henderson, Warden, Auburn Correctional FacilityCourt of Appeals for the Second Circuit · 1991
27 more not listed; retrieve them via the Exa API.