COULTER ET AL.

v.

NEW YORK

Citator

Cited By (17 total)

• Fitzsimmons v. Yeager, 391 F.2d 849 (3d Cir. 1968)
  …Mihailoviki v. State of California, supra. . The other circuits have adopted no uniform rule regarding the time within which the certificate must issue. First Circuit. — In Ex parte Farrell, 189 F. 2d 540, cert. denied sub nom. Farrell v. O’Brien, 342 U.S. 839, 72 S.Ct. 64, 96 L.Ed. 634 (1951), the rule was announced that although a certificate of probable cause may be granted after thirty days, the application must have been made within the thirty days. This holding was reaffirmed in Zimmer v. Langlois,…

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• Jones v. Norman Hess & the State of Okla., 681 F.2d 688 (10th Cir. 1982)
  …ignificantly different posture”), cert. denied, 396 U.S. 861, 90 S.Ct. 133, 24 L.Ed.2d 113; Schiers v. California, 333 F. 2d 173, 176 (9th Cir.) (“facts outside the record”); Ex Parte Farrell, 189 F. 2d 540, 545-46 (1st Cir.) (dictum), cert. denied, 342 U.S. 839, 72 S.Ct. 64, 96 L.Ed. 634. We find Domaingue v. Butterworth, 641 F. 2d 8 (1st Cir.), especially persuasive. In Domaingue, the petitioner had presented to the state courts a claim of ineffective assistance of counsel. In support of it he had referr…
• Sampson v. Aileene Love, 782 F.2d 53 (6th Cir. 1986)
  …icantly different posture”), cert. denied, 396 U.S. 861 [90 S.Ct. 133, 24 L.Ed.2d 113] ...; Schiers v. California, 333 F. 2d 173, 176 (9th Cir.) (“facts outside the record”); Ex parte Farrell, 189 F. 2d 540, 545-46 (1st Cir.) (dictum), cert. denied, 342 U.S. 839 [72 S.Ct. 64, 96 L.Ed. 634],... Id. at 693-94. Applying these cases, the Tenth Circuit held that petitioner had not exhausted his claim. Sampson’s claim certainly falls within the category of claims considered in the above-mentioned cases. Previou…