WELLS

v.

CRAVEN, WARDEN

Citator

Cited By (28 total)

• Barker v. Wingo, 407 U.S. 514 (U.S. 1972)
  …pp. 268 (SDNY 1968); United States v. Dillon, 183 F. Supp. 541 (SDNY 1960). The First Circuit also seems to reject the more rigid approach. Compare United States v. Butler, 426 F. 2d 1275 (1970), with Needel v. Scafati, 412 F. 2d 761, cert. denied, 396 U. S. 861 (1969). See n. 2, supra. “If a defendant deliberately by passes state procedure for some strategic, tactical, or other reason, a federal judge on habeas corpus may deny relief if he finds that the by-passing was the considered choice of the petiti…
• Picard v. Connor, 404 U.S. 270 (U.S. 1971)
  …he case reached us, and invited the Commonwealth to file a supplemental brief. Not unnaturally its first contention was to assert that petitioner had not exhausted his state remedy, citing Needel v. Scafati, 1 Cir., 1969, 412 F. 2d 761, cert. denied 396 U. S. 861, . . . and Subilosky v. Common-wealth, 1 Cir., 1969, 412 F. 2d 691. We find these cases inapposite. This opinion considers neither facts, as in Needel, nor precedent, as in Subilosky, that was not available to the Massachusetts court when petitioner…
• United States ex rel. Nathaniel Spurlark v. Wolff, 699 F.2d 354 (7th Cir. 1983)
  …ther, “[wjhile with hindsight one can find in the state court records seeds of the argument, so vigorously urged in the federal courts, ... the seeds never came to visible fruition.” Needel v. Scafati, 412 F. 2d 761, 765 (1st Cir.1969), cert. denied 396 U.S. 861, 90 S.Ct. 133, 24 L.Ed.2d 113; see also Katz v. King, 627 F. 2d 568, 575 (1st Cir.1980). We turn now to consider the consequences of petitioner’s failure to allow the state courts to pass upon the merits of his claim. Ill To determine whether peti…