United States Second Circuit

While district court erred in its non-exhaustion and procedural bar determinations, and in denying petitioner's motion to amend his petition, petitioner failed to show any substantial evidence that would require a finding that he did not receive a fair trial.

Appellate Information

• Argued 10/03/2000
• Decided 12/21/2000
• Published 12/21/2000

Judges

• CALABRESI, Circuit Judge:, Before:  McLAUGHLIN, CALABRESI, SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Perry S. Reich,Schapiro & Reich, Lindenhurst, NY, for appellant.


• For Appellees:
  
• Leonard Joblove, for Charles J. Hynes, District Attorney, Kings County, N.Y. (Monique Ferrell, on the brief), for appellee.