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Johnson v. Metz

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT


November 7, 1979

JESSE JOHNSON AND CYNTHIA HALL, PETITIONERS-APPELLEES,
v.
PAUL METZ, WARDEN, GREAT MEADOWS CORRECTIONAL FACILITY AND JANICE WARNE, CORRECTION SUPERINTENDENT, BEDFORD HILLS CORRECTIONS FACILITY, RESPONDENTS-APPELLANTS.

Appeal by the State of New York from the grant conditionally of a writ of habeas corpus under 28 U.S.C. § 2254. The District Court for the Eastern District of New York (Edward R. Neaher, Judge) granted the writ on the primary grond that the appellees had received an unfair trial in the state court in violation of the due process clause of the Fourteenth Amendment because of the conduct of the trial judge. The Court of Appeals held that there had not been exhaustion of remedies in the state court since the claimed constitutional issue had not been raised. Reversed with direction to dismiss the writ.

CELLPADDING=8> UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

Nos. 1161, Docket 79-2028

1979.C02.40197 <http://www.versuslaw.com>

November 7, 1979

JESSE JOHNSON AND CYNTHIA HALL, PETITIONERS-APPELLEES,
v.
PAUL METZ, WARDEN, GREAT MEADOWS CORRECTIONAL FACILITY AND JANICE WARNE, CORRECTION SUPERINTENDENT, BEDFORD HILLS CORRECTIONS FACILITY, RESPONDENTS-APPELLANTS.

Appeal by the State of New York from the grant conditionally of a writ of habeas corpus under 28 U.S.C. § 2254. The District Court for the Eastern District of New York (Edward R. Neaher, Judge) granted the writ on the primary grond that the appellees had received an unfair trial in the state court in violation of the due process clause of the Fourteenth Amendment because of the conduct of the trial judge. The Court of Appeals held that there had not been exhaustion of remedies in the state court since the claimed constitutional issue had not been raised. Reversed with direction to dismiss the writ.

BARRY R. FERTEL, Deputy Assistant Attorney General, State of New York, New York, N.Y. (Robert Abrams, Attorney General, and George D. Zuckerman, Assistant Attorney General, State of New York, New York, N.Y., of counsel), For Respondents-Appellants.

JEFFREY A. RABIN, Brooklyn, N.Y. (Albert C. Aronne, Brooklyn, N.N., of counsel), For Petitioners-Appellees.

19791107

© 1998 VersusLaw Inc.



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