United States Second Circuit

Due to lack of clarity as to whether a habeas petition has been rejected for merits-based reasons or for lack of exhaustion, the matter is remanded to the district court for identification of the ground on which it denied the petition.

Appellate Information

• Decided 02/27/2003
• Published 02/27/2003

Judges

• KEARSE, Circuit Judge., Before:  KEARSE, STRAUB, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Larry W. Yackle, Boston University School of Law, Boston, Massachusetts (Perry S. Reich, Schapiro & Reich, Lindenhurst, New York, NY, on the brief), for Petitioner-Appellant.


• For Appellees:
  
• Amy Appelbaum, Assistant District Attorney, Kings County, Brooklyn, New York (Charles J. Hynes, District Attorney for Kings County, Leonard Joblove, Victor Barall, Assistant District Attorneys, Brooklyn, New York, Richard A. Brown, District Attorney for Queens County, John M. Castellano, Assistant District Attorney, Kew Gardens, New York, Eliot Spitzer, Attorney General for the State of New York, Valerie Singleton, Assistant Attorney General, New York, New York, on the brief), for Respondent-Appellee.