Legal Opinion
United States of America Ex Rel. Augustine Bagley v. Honorable J. E. Lavallee, as Warden of Clinton State Prison, Dannemora, New York
Court of Appeals for the Second Circuit
Decided June 11, 1964No. 28416_1PublishedCited by 94 opinions
1Opinion of the Court
KAUFMAN, Circuit Judge.
In this appeal from the denial of his petition for a writ of habeas corpus, D.C., 209 F.Supp. 529, appellant Bagley contends that a 1957 Ohio conviction, allegedly employed as the predicate for both of the New York second-offender sentences which he is presently serving, was entered in the absence of counsel. In brief, Bagley argues that the Supreme Court’s decision in Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963), and the recent holding of this Court in United States ex rel. Durocher v. LaVallee, 330 F.2d 303 (2d Cir.1964), require that his…
2Cases cited11 opinions
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Fay v. NoiaSupreme Court of the United States · 1963
- Betts v. BradySupreme Court of the United States · 1942
- United States ex rel. Durocher v. LaValleeCourt of Appeals for the Second Circuit · 1964
6 more not listed; retrieve them via the Exa API.
3Cited by94 opinions
- Eugene Twitty v. Harold J. Smith, Superintendent, Attica Correctional Facility, RespondentCourt of Appeals for the Second Circuit · 1979
- Joseph Wilson v. Walter Fogg, Superintendent, Green Haven Correctional FacilityCourt of Appeals for the Second Circuit · 1978
- Vito Finetti v. David Harris, Superintendent of Greenhaven Correctional FacilityCourt of Appeals for the Second Circuit · 1979
- Kendall Brown v. John Wilmot, Superintendent of Elmira Correction Center, and Louis J. Lefkowitz, Attorney General of the State of New YorkCourt of Appeals for the Second Circuit · 1978
- United States of America Ex Rel. James v. Tangredi v. Walter M. Wallack, as Warden of Wallkill State Prison, Wallkill, New YorkCourt of Appeals for the Second Circuit · 1965
89 more not listed; retrieve them via the Exa API.