United States Second Circuit

All issues presented by defendant in his petition for habeas corpus were exhausted for federal habeas purposes, either because they were fully resolved by the state courts or because they are now procedurally barred under state law, and on remand must be considered on the merits or under a cause and prejudice analysis.

Appellate Information

• Decided 06/03/2002
• Published 06/03/2002

Judges

• WINTER, Circuit Judge., Before CARDAMONE, WINTER, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Julia Pamela Heit, New York, NY, for Petitioner-Appellant.


• For Appellees:
  
• Emil Bricker, Assistant District Attorney (Richard A. Brown, District Attorney, and John M. Castellano, Assistant District Attorney, of counsel), Kew Gardens, NY, for Respondent-Appellee.