Legal Opinion

Eduardo Cruz v. Robert Alexander

Court of Appeals for the Second Circuit

Decided May 2, 1983No. 79, 613, Dockets 82-2329, 82-3075PublishedCited by 4 opinions

1Opinion of the Court

NEWMAN, Circuit Judge:

Our January 22, 1982, decision in Cruz v. Alexander, 669 F.2d 872 (2d Cir.), cert. denied, — U.S. -, 103 S.Ct. 99, 74 L.Ed.2d 89 (1982), has provoked uncertainty in the minds of the parties as to the nature of proceedings contemplated after we reversed a habeas corpus judgment of the District Court for the Southern District of New York, 509 F.Supp. 640 (Robert W. Sweet, Judge) that had vacated a state court’s judgment of conviction. The uncertainty has been brought to our attention by motions filed by both sides. We have concluded that our prior opinion should be…

2Cases cited14 opinions

  1. Cuyler v. SullivanSupreme Court of the United States · 1980
  2. Stone v. PowellSupreme Court of the United States · 1976
  3. Sumner v. MataSupreme Court of the United States · 1981
  4. LaVallee v. Delle RoseSupreme Court of the United States · 1973
  5. People v. CruzNew York Court of Appeals · 1974

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3Cited by4 opinions

  1. United States v. Sherrie Tuggle Apple, United States of America v. Stacy Nevin Apple, A/K/A Dr. Stachel PommeCourt of Appeals for the Fourth Circuit · 1990
  2. Pina v. HendersonDistrict Court, E.D. New York · 1984
  3. Eduardo Cruz v. Robert AlexanderCourt of Appeals for the Second Circuit · 1983
  4. Figueroa v. The State of New York, County of MonroeDistrict Court, W.D. New York · 2025

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