COOK

v.

MAXWELL, WARDEN

Citator

Cited By

• United States ex rel. Joel Smith v. The Hon. Daniel McMANN, 417 F.2d 648 (2d Cir. 1969)
  …advise him of his right to appeal and of the procedure to enforce that right. It is interesting to note that, after working its way through the New York courts, Bjornsen’s application to the Supreme Court for certiorari was denied on May 17, 1965 (381 U.S. 917, 85 S.Ct. 1544, 14 L.Ed.2d 437), the same day on which similar applications for certiorari were denied in Márchese, Kling and Joel Smith. There were two further significant developments. The first of these was the promulgation by the four Appellate…
• Mirra v. United States, 379 F.2d 782 (2d Cir. 1967)
  …6, 1967) (Waterman, J., concurring), citing United States v. Mar- [*787] chese, 341 F. 2d 782, 789 (9th Cir.), cert. denied 382 U.S. 817, 86 S.Ct. 41, 15 L.Ed. 2d 64 (1965); Matysek v. United States, 339 F. 2d 389, 391 (9th Cir. 1964), cert. denied 381 U.S. 917, 85 S.Ct. 1545, 14 L.Ed.2d 437 (1965); Stein v. United States, 313 F. 2d 518, 522 (9th Cir. 1962), cert. denied 373 U.S. 918, 83 S.Ct. 1307, 10 L.Ed.2d 417 (1963); United States v. Jenkins, 281 F. 2d 193 (3rd Cir. 1960). Even if we were to reach th…
• United States ex rel. Oscar Bjornsen v. Honorable J. Edwin LaVALLEE, 364 F.2d 489 (2d Cir. 1966)
  …ion of the taking of an appeal warranting relief in effect of an extension of time to appeal * * * ” People v. Bjornsen, 40 Misc.2d 986, 244 N.Y.S.2d 551 (1963), aff’d without opinion, 21 A.D.2d 978, 252 N.Y.S.2d 1017 (1st Dep’t 1964), cert. denied, 381 U.S. 917, 85 S.Ct. 1544, 14 L.Ed.2d 437 (1965). Having exhausted his state remedies, appellant sought a writ of habeas corpus from the federal district court, contending that he had been denied his right to appeal in violation of his federal constitutional…